HB 627 — Service of Process
by Reps. Pilon and others (SB 620 by Senator Detert)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Judiciary Committee (JU)
The bill revises the law relating to service of process by:
- Authorizing a sheriff to charge a $40 fee for each summons served instead of a $40 fee for serving multiple summons at the same time.
- Providing that if a sheriff relies on an affidavit from a levying creditor, the sheriff is immune from liability for the wrongful levy or distribution of the proceeds of an execution sale.
- Requiring that the party requesting service of process or the process server file the return-of-service form instead of the person issuing the process.
- Adding a noncriminal violation punishable by a fine of up to $1,000 for an employer, employee, or a representative or agent of the employer who refuses to accommodate service on an employee.
- Permitting service of process on a corporation at any address where the registered agent, president, vice president, or other head of the corporation is located.
If approved by the Governor, these provisions take effect July 1, 2014.
Vote: Senate 37-0; House 116-1