0 chapters · 15,253 sections in this title.
Gov. Code § 26663 Section 26663
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Any sheriff who does not return a process or notice in his or her possession, with the necessary endorsement thereon, without delay is liable to the person aggrieved for all actual damages sustained by him or her.
Gov. Code § 26664 Section 26664
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Any sheriff who neglects or refuses to perform the duties under a writ of attachment, execution, possession, or sale, after being required by the creditor’s attorney of record or, if the creditor does not have any attorney of record, by the creditor and after the sheriff’s fees h…
Gov. Code § 26665 Section 26665
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All writs, notices, or other process issued by superior courts in civil actions or proceedings may be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure.
Gov. Code § 26666 Section 26666
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(a) Notwithstanding any other law, a marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. As used in this section, “notice” has the same meaning as defined in Section 26660. (b) A marshal or sheriff, including…
Gov. Code § 26666.10 Section 26666.10
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(a) On or before January 1, 2024, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. (b) A marshal or sheriff, i…
Gov. Code § 26666.2 Section 26666.2
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Except for the following criteria, a marshal or sheriff, including their department or office, shall not review the substance of a summons, order, or other notice: (a) The applicable form or forms described in Section 26666.10 are present and required sections, if any, are comple…
Gov. Code § 26666.5 Section 26666.5
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(a) A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described in Section 26666.10, and of a summons, order, or other notice to be served. Any person may deliver the forms for service t…
Gov. Code § 26680 Section 26680
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If on demand the sheriff neglects or refuses to pay over to the person entitled any money which comes into his or her hands by virtue of his or her office, after deducting all legal fees, the person may recover the amount owed to that person, 25 percent damages, interest at the r…
Gov. Code § 26685 Section 26685
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Whenever any action is brought against any sheriff, all deputies and employees of the sheriff employed under any civil service or merit system upon whose negligence, wilful or wrongful act, or other default the action is based are necessary parties defendant.
Gov. Code § 26690 Section 26690
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The board of supervisors shall furnish the sheriff and deputy sheriffs with suitable badges of office. Upon the badge of the sheriff shall be inscribed “Sheriff,” and upon those of the deputy sheriffs shall be inscribed “Deputy Sheriff.”
Gov. Code § 26720 Section 26720
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For services performed by them sheriffs shall charge and collect the fees fixed in this article.
Gov. Code § 26720.5 Section 26720.5
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Notwithstanding Section 26720, fees otherwise payable by a litigant pursuant to this article shall be waived or, if paid, refunded, in any case in which the litigant is permitted by the court to proceed in forma pauperis under rules adopted by the Judicial Council pursuant to Sec…
Gov. Code § 26720.9 Section 26720.9
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Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be fifty dollars ($50).
Gov. Code § 26721 Section 26721
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Except as provided in this article, the fee for serving or executing any process or notice required by law or the litigants to be served shall be the amount described in Section 26720.9, and there shall be no additional fee for substitute service when substitute service is author…
Gov. Code § 26721.1 Section 26721.1
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In an action for unlawful detainer, the fee for service of a summons, complaint, and prejudgment claim of right to possession pursuant to Section 415.46 of the Code of Civil Procedure shall be the amount described in Section 26720.9 for all occupants not named in the summons. The…
Gov. Code § 26721.2 Section 26721.2
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(a) For any action commenced in the superior court, the fee for the service of the summons, the complaint for which the summons is issued, and all other documents or notices required to be served with the summons and complaint, is fifty dollars ($50). (b) The fee for cancellation…
Gov. Code § 26722 Section 26722
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The fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon is one hundred twenty-five dollars ($125).
Gov. Code § 26723 Section 26723
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The fee for opening a safe-deposit box pursuant to Sections 488.460 and 700.150 of the Code of Civil Procedure is one hundred seventy dollars ($170).
Gov. Code § 26725 Section 26725
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The fee for serving, executing, or processing a writ of attachment, writ of execution, writ of sale, or order on real estate, as to the initial service or posting of a continuous unbroken parcel or tract, and the fee for serving a record owner other than the defendant shall be th…
Gov. Code § 26725.1 Section 26725.1
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The fee for serving or posting any additionally required notices or orders on other parcels is twenty-five dollars ($25) each.
Gov. Code § 26726 Section 26726
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(a) The fee for keeping and caring for property under a writ of attachment, execution, possession, or sale is one hundred seventy-five dollars ($175) when necessarily employed for any eight-hour period or any part thereof. If an additional keeper or keepers are required during th…
Gov. Code § 26727 Section 26727
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The fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is one dollar and twenty-five cents ($1.25) per page, except that when correct copies are furnished to the sheriff for use no charge shall be made for those cop…
Gov. Code § 26728 Section 26728
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The fee for preparing and posting the initial notice of personal property sale under a writ of attachment, execution, or sale or order of court shall be the amount described in Section 26720.9.
Gov. Code § 26728.1 Section 26728.1
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The fee for preparing and posting additionally required notices of personal property sales is nineteen dollars ($19) each.
Gov. Code § 26729 Section 26729
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The fee for furnishing a notice for publication is nineteen dollars ($19).
Gov. Code § 26730 Section 26730
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The fee for conducting or postponing the sale of real or personal property as required by law or the litigant is one hundred ten dollars ($110).
Gov. Code § 26731 Section 26731
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(a) Twenty-two dollars ($22) of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 shall be deposited in a special fund in the county treasury. A separa…
Gov. Code § 26732 Section 26732
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The fee for publication of a notice in a newspaper is the reasonable cost of the publication.
Gov. Code § 26733.5 Section 26733.5
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The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is one hundred five dollars ($105). The additional fee for removing an occupant or occupants from the premises and putting a person i…
Gov. Code § 26734 Section 26734
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The fee for making a levy on personal property already in possession of the officer who is holding it under attachment in the same action shall be the amount described in Section 26720.9.
Gov. Code § 26736 Section 26736
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The fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is fifty dollars ($50). The fee provided by this section shall not be charged if a fee is charged pursuant to any other section of this article in attempti…
Gov. Code § 26738 Section 26738
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The fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or pro…
Gov. Code § 26740 Section 26740
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The fee for the execution and delivery of a deed or certificate of redemption is nineteen dollars ($19).
Gov. Code § 26741 Section 26741
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The fee for executing and delivering a certificate or deed of sale is nineteen dollars ($19).
Gov. Code § 26742 Section 26742
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The fee for executing and delivering any other instrument shall be the amount described in Section 26720.9.
Gov. Code § 26743 Section 26743
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The fee for subpoenaing a witness, including a copy of the subpoena and any affidavit required to be served therewith, shall be the amount described in Section 26720.9.
Gov. Code § 26744 Section 26744
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The fee for serving or executing a bench warrant arising from an order of appearance issued under subparagraph (A) of paragraph (1) of subdivision (a) of Section 491.160 or subparagraph (A) of paragraph (1) of subdivision (a) of Section 708.170 of the Code of Civil Procedure is f…
Gov. Code § 26744.5 Section 26744.5
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(a) The fees for processing a warrant issued pursuant to Section 1993 of the Code of Civil Procedure shall be paid by the moving party, as follows: (1) Fifty dollars ($50) to receive and process the warrant, which shall include the issuance and mailing of a notice advising the pe…
Gov. Code § 26745 Section 26745
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The fee for summoning a trial jury of 12 or less is two dollars ($2), and for each additional juror, ten cents ($0.10).
Gov. Code § 26746 Section 26746
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(a) In addition to any other fees required by law, a processing fee of fifteen dollars ($15) shall be assessed for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the e…
Gov. Code § 26746.1 Section 26746.1
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(a) A twenty-five-dollar ($25) fee shall be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code. (b) All proceeds of the fee shall be de…
Gov. Code § 26747 Section 26747
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For transporting prisoners to the county jail, the sheriff shall charge the actual cost of such transportation.
Gov. Code § 26748 Section 26748
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In addition to the fees provided by this article, the sheriff may collect from the litigant or person requiring his services, his actual expenses for inspection, checking, releasing, or any other handling of property under his custody, charge, or keeping pursuant to any process, …
Gov. Code § 26749 Section 26749
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The sheriff shall receive expenses necessarily incurred in conveying persons to and from the state hospitals and in conveying persons to and from the state prisons or other state institutions, or to other destinations for the purpose of deportation to other states, or in advancin…
Gov. Code § 26750 Section 26750
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(a) The fee for serving an earnings withholding order under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure), including, but not limited to, the costs of postage or traveling, and for performi…
Gov. Code § 26751 Section 26751
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After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor shall pay the sheriff a fee of fifteen dollars ($15) for the receipt and filing of the report of repossession pursuant to Sec…
Gov. Code § 26775 Section 26775
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The boards of supervisors of two or more counties may enter into a contract pursuant to this article.
Gov. Code § 26776 Section 26776
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The contract may provide, with respect to any situation in which, under the law, a sheriff is authorized to transport a prisoner from the sheriff’s own county to a point in another county, or is authorized to take a prisoner into custody in another county and transport him to the…
Gov. Code § 26777 Section 26777
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In any case in which a sheriff, acting pursuant to a contract entered into under this article, takes a prisoner into custody and transports him, such action shall be deemed lawful to the same extent as if he were the sheriff for whom he is performing such service.
Gov. Code § 26778 Section 26778
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A contract entered into under this article shall provide for compensation to the county whose sheriff is performing the service by the county for whose sheriff the service is performed, in an amount approximating the cost of the service.