(b) For the services of the sheriff in civil cases, the following fees shall be charged:
(1) Serving copy of process and returning original, per copy .$ 50.00 (2) Action from another county, to be paid in advance ..........50.00 (3) Summoning each witness .....................................10.00 (4) Each levy or writ of fieri facias ..........................50.00 (5) Search and return of nulla bona ............................20.00 (6) Serving summons of garnishment or rule against garnishee ...50.00 If more than one, for each additional copy ....................6.00 (7) Commissions on sales of property: On sums of $50.00 or less .......................................8% On excess above $50.00 up to $550.00 ............................6% For all sums exceeding $550.00, on excess .......................3% No commissions shall be charged unless property is actually sold. (8) Making out and executing titles to land ....................50.00 If presented by purchaser ....................................20.00 (9) Executing bill of sale to personal property, when demanded by purchaser ..............................................................20.00 (10) Forthcoming bonds .........................................13.00 (11) Serving process against tenant over or intruder upon land to dispossess them ........................................................25.00 (12) For dispossessing tenant or intruder ......................25.00 (13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted ..............................13.00 (14) Settling each execution in his or her hands, settled without sale ...................................................................20.00 (15) Levying an attachment .....................................50.00 (16) Reserved. (17) Reserved. (18) Reserved. (19) Reserved. (20) Collecting tax fi. fas. $100.00 or less, each .............10.00 (21) Collecting tax fi. fas. over $100.00, each ...............20.00
(c) For executing and returning any warrant or for serving a citation, the fees to which a sheriff is entitled as provided in this subsection shall be paid at the disposition of the criminal case. For summoning witnesses or taking bonds in criminal cases, the fees to which a sheriff is entitled as provided in this subsection shall be paid in advance prior to the sheriff's rendering such service. For the services of the sheriff in criminal cases, the following fees shall be charged:
(1) Removing prisoner when habeas corpus is sought for his or her relief ...............................................................$ 15.00 (2) Removing prisoners under habeas corpus when no mileage is paid, per day ................................................................15.00 (3) Attending persons taken by warrant to judge's chamber, for each time ....................................................................4.50 (4) Conducting prisoner before judge or court to and from jail ..4.50 (5) Executing and returning any warrant ........................25.00 (6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant .......25.00 (7) Summoning each witness .....................................10.00 (8) Taking bonds in criminal cases .............................20.00 (9) Executing a warrant of escape ..............................10.00 (10) Service in every criminal case before a judge or a judge and jury ...................................................................10.00
For feeding prisoners confined in the common jail, such fees are to be paid as may be fixed by the fiscal authorities of the county who are authorized by law to fix such fees. The jail fees herein provided shall be paid monthly by the county, provided that local laws regulating county jails or fixing salaries for jailers or their fees shall not be repealed by this provision.
All costs arising from services rendered in felony cases shall be paid from county funds whether the defendant is convicted or acquitted.
Sheriffs shall be entitled to receive the fees provided for in this Code section for all arrests in all criminal cases tried or otherwise disposed of in the superior, city, state, and probate courts.
All costs provided for under this Code section shall be paid at the clerk's office at the time of filing.
No fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.
(Laws 1792, Cobb's 1851 Digest, pp. 350, 351; Laws 1840, Cobb's 1851 Digest, p. 362; Ga. L. 1851-52, p. 20, § 1; Ga. L. 1857, p. 52, § 3; Code 1863, § 3621; Ga. L. 1866, p. 24, § 1; Code 1868, § 3646; Code 1873, § 3696; Ga. L. 1880-81, p. 90, §§ 1, 2; Code 1882, § 3696; Ga. L. 1884-85, p. 470, § 9; Ga. L. 1890-91, p. 96, § 2; Ga. L. 1894, p. 48, § 1; Civil Code 1895, § 5401; Penal Code 1895, § 1107; Ga. L. 1898, p. 58, § 1; Ga. L. 1898, p. 62, § 1; Ga. L. 1906, p. 119, § 1; Civil Code 1910, § 5997; Penal Code 1910, § 1134; Ga. L. 1918, p. 226, § 1; Ga. L. 1919, p. 364, § 1; Code 1933, § 24-2823; Ga. L. 1943, p. 591, § 1; Ga. L. 1945, p. 144, §§ 1, 2; Ga. L. 1945, p. 221; Ga. L. 1955, p. 383, § 1; Ga. L. 1968, p. 988, §§ 1, 2; Ga. L. 1976, p. 702, §§ 1-3; Ga. L. 1979, p. 988, §§ 1, 2; Ga. L. 1982, p. 3, § 15; Ga. L. 1982, p. 1659, §§ 1-4; Ga. L. 1983, p. 3, § 12; Ga. L. 1988, p. 548, §§ 1, 2; Ga. L. 1991, p. 1166, §§ 1, 2; Ga. L. 1992, p. 1311, § 2; Ga. L. 1996, p. 883, § 4; Ga. L. 2001, p. 885, § 3; Ga. L. 2010, p. 9, § 1-43/HB 1055; Ga. L. 2011, p. 59, § 1-62/HB 415; Ga. L. 2011, p. 752, § 15/HB 142; Ga. L. 2017, p. 124, § 1/HB 14.)
The 2017 amendment, effective May 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "Reserved.".
Cross references.- Giving of receipts for fees and penalty for charging excessive fees, § 15-13-30 et seq.
Costs for transfers between magistrate courts, Uniform Rules for the Magistrate Courts, Rule 36.3.
Editor's notes.- Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'"
JUDICIAL DECISIONSANALYSIS
This Code section should be strictly construed, and a sheriff is not entitled to pay unless it be expressly provided for by statute. Walton County v. Dean, 23 Ga. App. 97, 97 S.E. 561 (1918).
Venue for action against sheriff's office for noncompliance.
- Trial court erred in finding that venue was proper in Dougherty County, Georgia and in denying the defendants' motion to dismiss on that basis because proper venue for the case against the state defendants for noncompliance with O.C.G.A. § 15-16-21(b)(1) and (g) was in Fulton County, Georgia, as although the defendants maintained offices throughout the State of Georgia, the defendants' principal offices were located in Fulton County. Ga. Dep't of Human Servs. v. Dougherty County, 330 Ga. App. 581, 768 S.E.2d 771 (2015).
Yearly compensation provided by Act of 1915 is in nature of salary.
- Yearly compensation provided by the Act of the General Assembly (Ga. L. Ex. Sess. 1915, p. 85) for performance of the duties imposed on sheriffs of the several counties of this state is in the nature of salary, and its payment is therefore not dependent upon the performance by the officers of such duties. Tucker v. Shoemaker, 149 Ga. 250, 99 S.E. 865 (1919).
Preserving property.
- Necessary and reasonable expense incurred by the sheriff in preserving and taking care of the property is to be awarded by the court. Eskind v. Harvey, 20 Ga. App. 412, 93 S.E. 39 (1917).
Expenses cannot be retained out of levy that is quashed. Ward v. Barnes, 95 Ga. 103, 22 S.E. 133 (1894).
No commission on sale not consummated. Cherry v. Planters' Whse. Co., 65 Ga. 535 (1880).
Landlord liable for costs if distress warrant fails.
- If the landlord lost a case, the landlord was liable for all the costs incurred in and about the distress warrant proceeding. These costs and expenses included not only the costs allowed by this section, but also the expense of gathering and marketing the crop. It was the duty of the sheriff to gather the crop, take care of the crop, and prepare the crop for market; and all of the expenses incurred by the sheriff in the performance of this duty should be paid by the landlord, who was responsible for the expense. Aycock v. Buffington, 2 Ga. 268 (1847); Reynolds v. Howard, 113 Ga. 349, 38 S.E. 849 (1901); McMichael v. Southern Ry., 117 Ga. 518, 43 S.E. 850 (1903).
Sheriff is entitled to charge and collect a fee for each witness for state summoned by the sheriff to appear either before the grand jury or petit jury, and the county is authorized and shall pay such fee to the sheriff. Floyd County v. Johnson, 80 Ga. App. 785, 57 S.E.2d 502 (1950).
Sheriff and deputies entitled to fee and expenses for services rendered in felony cases.
- Not only the sheriff, but each of the deputies, is entitled to a fee and actual expenses for performing services rendered out of the county in felony cases when authorized by the proper county authorities, and the county is authorized and could be required to pay such fees to such officers from county funds. Floyd County v. Johnson, 80 Ga. App. 785, 57 S.E.2d 502 (1950).
Payment of sheriff's costs from general county funds in felony cases.
- It was unquestionably the intention of the General Assembly to require the counties to pay the sheriff's costs from general county funds in all disposed-of felony cases if such costs are not collectible or for any reason are not collected out of the defendants. Lewis v. Gay, 215 Ga. 90, 109 S.E.2d 268 (1959).
Sheriff entitled to reasonable expenses incurred in performance of official duties.
- Sheriff, in making a levy, sale, and delivery of personalty, in addition to the sheriff's own costs or compensation expressly fixed by law, is entitled to the sheriff's reasonable expenses, as distinguished from compensation, necessarily incurred in the performance of the sheriff's official duties, except that in "keeping" a horse, mule, head of cattle, sheep, hogs, or goats, such allowance is expressly limited and prescribed by statute. Hiatt v. Turner, 48 Ga. App. 255, 172 S.E. 607 (1934).
Sheriffs entitled to fees for services rendered.
- Sheriffs are entitled to a fee for attendance upon the trial of an accused or attendance before a court when an accused enters a plea of guilty or if an accused is brought before the court and the case against the accused is nolle prosequi. Sikes v. Charlton County, 103 Ga. App. 251, 119 S.E.2d 59 (1961).
Officer entitled to one arrest fee although two or more offenses charged.
- If only one arrest is made and a prisoner while under arrest is charged with two or more offenses, the arresting officer is entitled to one arrest fee. Sikes v. Charlton County, 103 Ga. App. 251, 119 S.E.2d 59 (1961).
Sheriff is not entitled to fee unless offender is physically brought before court. Sikes v. Charlton County, 103 Ga. App. 251, 119 S.E.2d 59 (1961).
Turnkey fees.
- Turnkey fees are court costs chargeable to and collectible from defendant on conviction of criminal offense. However, these costs, like all other costs due the sheriff in disposed-of felony cases, become a charge against the county and must be paid from county funds when not collectible or collected from the defendant. Lewis v. Gay, 215 Ga. 90, 109 S.E.2d 268 (1959).
Compensation of sheriffs and jailer fixed by general law.
- Compensation of the sheriff and jailer, and from whom and in what manner compensation shall be received, are fixed by general law. For a local Act to undertake to pay the sheriff out of county funds a salary for keeping the jail is to add to the sheriff's compensation which is fixed under the general law. Chappell v. Kilgore, 196 Ga. 591, 27 S.E.2d 89 (1943).
No general law for payment of sheriff for keeping jail.
- That there is under the general law no separate provision for paying the sheriff for keeping the jail does not mean that the entire compensation of the sheriff is not fixed by general law. Chappell v. Kilgore, 196 Ga. 591, 27 S.E.2d 89 (1943).
Sheriff not entitled to commissions generated by use of county jail telephones.
- County sheriff was not entitled to keep commissions received from a company that provided telephone services to county jail inmates as revenue generated using county property or facilities - such as the jail - was itself county property and therefore subject to county authority under O.C.G.A. § 36-5-22.1. Although a sheriff could collect certain fees, such as fees for attending court, O.C.G.A. § 15-16-21 provided that such fees had to be turned over to the county's treasurer or fiscal officer. Lawson v. Lincoln County, 292 Ga. App. 527, 664 S.E.2d 900 (No. S08C1929, 2008), cert. denied, 2008 Ga. LEXIS 899 (Ga. 2008).
Cited in Newport v. Longino, 178 Ga. 797, 174 S.E. 537 (1934); Zugar v. Scarbrough, 186 Ga. 310, 197 S.E. 854 (1938); Christian v. Moreland, 203 Ga. 20, 45 S.E.2d 201 (1947); Garrett v. Board of Comm'rs, 215 Ga. 351, 110 S.E.2d 626 (1959); Richmond County v. Pierce, 234 Ga. 274, 215 S.E.2d 665 (1975); Giddens v. State, 156 Ga. App. 258, 274 S.E.2d 595 (1980); Orr v. Culpepper, 161 Ga. App. 801, 288 S.E.2d 898 (1982); Walden v. State, 185 Ga. App. 413, 364 S.E.2d 304 (1987); Raw Properties, Inc. v. Lawson, 335 Ga. App. 802, 783 S.E.2d 161 (2016).
OPINIONS OF THE ATTORNEY GENERAL
Recovery from landlord for removing tenant's property.
- Under O.C.G.A. § 15-16-21(b)(12), the sheriff is entitled to recover from the landlord the reasonable expense incurred in removing a tenant's property pursuant to a writ of possession. 1985 Op. Att'y Gen. No. U85-36.
Petition under Family Violence Act.
- In the case of a petition filed under the Family Violence Act, O.C.G.A. § 19-13-1 et seq., if service of process is necessary, the sheriff's $20 fee should be imposed in addition to the $16 filing fee under the Family Violence Act. 1988 Op. Att'y Gen. No. U88-11.
When sheriff's fees paid.- Sheriff's fees should be paid at clerk's office at time of filing, if required in a particular case, and payment of the sheriff's fees is required in addition to the deposit for the clerk's fees which is payable at the time of filing in appropriate cases. 1976 Op. Att'y Gen. No. U76-37.
Advance payment to sheriff.- If sheriff makes service in suit filed in another county, fee should be paid in advance. 1970 Op. Att'y Gen. No. U70-38.
Sheriff entitled to receive named fee for service.- If a sheriff has in fact performed a service either personally or by an authorized deputy in a criminal case before a judge or before a judge and a jury, the sheriff would be entitled to receive the named fee for such service. 1962 Op. Att'y Gen. p. 79.
Sheriff is entitled to only one fee for each arrest regardless of the number of offenses charged against the prisoner. 1945-47 Op. Att'y Gen. p. 92.
Distinction between items of service involving prisoner transport.- Distinction between "Conducting prisoner before judge or court to and from jail," and "Attending person taken by warrant to judge's chambers," are two separate items of service; the first is when the sheriff conducts a prisoner to and from jail before the judge or court, whereas the latter is when the sheriff attends a person taken by a warrant to the judge's chambers. Of course if the sheriff did not place the prisoner in jail, the sheriff could not transport the person from the jail because the sheriff would have had to transfer the person from some other place and therefore would not be entitled to a fee for services which were not performed. 1957 Op. Att'y Gen. p. 234.
Multiple fees for separate and distinct items of service.
- Construing Ga. L. 1937-38, Ex. Sess., p. 558, § 5, Ga. L. 1943, p. 571, § 1 and former Code 1933, § 24-2823 (see now O.C.G.A. §§ 15-16-21,40-13-25, and40-13-31), a sheriff was entitled to a fee for conducting a prisoner to and from jail before a judge or the court and the sheriff was also entitled to a fee for every criminal case before a judge or judge and jury since the services in a criminal case in the courtroom were a separate and distinct item of service from that of conducting a prisoner to and from jail. 1948-49 Op. Att'y Gen. p. 487.
Fee for conducting prisoners is individual charge per trip.- Fee for conducting prisoners before a judge or the court to and from jail is an individual charge per trip as they are made. Of course if this was abused, and unnecessary trips made, it would be a question which would address itself to the courts to determine from the facts as to whether or not such excessive trips would entitle the sheriff to be paid therefor. However, there can be no doubt that the usual and ordinary trips, which would include lunch or any other meal which would be necessary, would be a proper charge. 1957 Op. Att'y Gen. p. 235.
Payment from county funds for sheriff's felony fees.- Sheriff is entitled to collect from county funds all costs due in felony cases, for mileage fees, fees for guards, and for subpoenaing witnesses for the state, and would not be entitled to have such amount so paid by the county added to the sheriff's insolvent bill, which might arise because of the reason of the disposition of misdemeanor cases. 1945-47 Op. Att'y Gen. p. 89.
Sheriff's costs in felony cases are paid from the general county fund and the county may not charge the amount paid against the fines and forfeitures. 1945-47 Op. Att'y Gen. p. 89.
All fees accruing to sheriff in felony cases should be paid from county funds rather than from the fines and forfeitures fund. 1952-53 Op. Att'y Gen. p. 321.
Fees that sheriff is entitled to receive in felony cases are proper charge against county; the county is required to pay the sheriff's costs from general county funds in all disposed-of felony cases if such costs are not collectible or for any reason are not collected out of the defendants. 1962 Op. Att'y Gen. p. 85.
Jail fees, which include turnkey fees, paid monthly by county.- Turnkey fees are classified as jail fees, and such jail fees shall be paid monthly by the county. 1945-47 Op. Att'y Gen. p. 91.
Sheriff's fee for collecting tax fi. fa. is in addition to tax collector's fee for issuing tax execution. 1945-47 Op. Att'y Gen. p. 89.
Execution of fi. fa. by sheriff.- If any fi. fa. is delivered to the sheriff for execution and the sheriff is paid in advance by the party wishing the fi. fa. executed, the difference between the sheriff's fee and the constable's fee for such execution, then the sheriff is bound and required to execute the fi. fa. 1965-66 Op. Att'y Gen. No. 65-63.
Settlement should not defeat right to fees due officer.- Subsection (e) of this section applies whether the defendant is convicted or acquitted, and disposal of a case by settlement in the nature of nolle prosequi should not defeat any right to fees due an officer. 1963-65 Op. Att'y Gen. p. 609.
No turnkey fee without physical locking up of accused.- Even though an arrest is made and a traffic case follows, if there is no physical locking up of the accused in a jail, the sheriff would not be entitled to a turnkey fee. 1962 Op. Att'y Gen. p. 82.
When sheriff not entitled to fee unless collected from defendant in fi. fa.- Sheriff is not entitled to any fee on a return of a nulla bona unless it is collected out of the defendant in fi. fa. and the sheriff is not entitled to any fee on the collection of tax fi. fa. unless the collection is actually made from the defendant in fi. fa. 1950-51 Op. Att'y Gen. p. 254.
Sheriff entitled to fee for assisting state patrol.- Sheriff is entitled to a fee for assisting in the arrest, or taking custody of persons apprehended by the Georgia State Patrol. 1945-47 Op. Att'y Gen. p. 94.
Sheriff is not entitled to arresting fee if apprehension is made by game warden. 1954-56 Op. Att'y Gen. p. 113.
Sheriff is not required to execute warrants issued by presidents of courts-martial and the sheriff is not entitled to fees for executing those warrants. 1950-51 Op. Att'y Gen. p. 31.
Distinction between summoning witness and serving process.- Summoning each witness is an entirely different matter from serving a copy of process and returning the original; in serving a copy of process, the sheriff is made a party to the suit. 1965-66 Op. Att'y Gen. No. 66-75.
RESEARCH REFERENCES
Am. Jur. 2d.
- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 43 et seq.
C.J.S.- 80 C.J.S., Sheriffs and Constables, § 257.