17-78-606. Fees for constable service of process -- Exception.
(1) The legislative body of a county that contracts with a constable may set a fee by ordinance, in accordance with Section, for a service provided by the constable the same as the county legislative body sets fees for a county sheriff as described in Section. 17-64-501 17-72-304
(2) Constable fees that exceed the amounts in Sectionare recoverable in court: 17-72-304 by the constable only if the constable has received prior approval for the increased fee from the party requesting the service; and by a prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.