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 17-64-501, for a service provided by the constable the same as the county legislative body sets fees for a county sheriff as described in Section 17-72-304.
(2) Constable fees that exceed the amounts in Section 17-72-304 are recoverable in court:
(a) by the constable only if the constable has received prior approval for the increased fee from the party requesting the service; and
(b) by a prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.