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814.70814.70Fees of sheriffs. The sheriff shall collect the fees under this section. The fees are set as follows, unless a higher fee is established under s. 814.705:
814.70(1)(1)Service of process. For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena, or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner under s. 813.12, 813.122, or 813.123. The fee charged under this subsection in any action commenced under s. 813.12, 813.122, 813.123, or 813.125 shall be collected from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4). No fee charged under this subsection in any action commenced under s. 813.125 may be collected from a petitioner under s. 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (am) 1. to 6. If no fee is collected under this subsection from a petitioner under s. 813.125, the fee charged under this subsection in any action commenced under s. 813.125 shall be collected from the respondent under s. 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4).
814.70(2)(2)Execution on judgment. For serving an execution on a judgment demanding payment thereof or other writ not provided for, $12.
814.70(3)(3)For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may not be collected from a petitioner but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4), and except that a fee under this subsection in any action commenced under s. 813.125 may not be collected from a petitioner if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (am) 1. to 6. but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4):
814.70(3)(a)(a) In counties having a population of less than 750,000, 25 cents for each mile actually and necessarily traveled.
814.70(3)(b)(b) In counties having a population of 750,000 or more, $4 for each party to be served in each action. Only one charge may be imposed if there is more than one person to be served at a given address.
814.70(4)(4)Travel; criminal process. For travel in serving any criminal process:
814.70(4)(a)(a) In counties having a population of less than 750,000, 25 cents per mile.
814.70(4)(b)(b) In counties having a population of 750,000 or more, $4 for each person served within the county from which process issued, or 25 cents per mile if served outside the county.
814.70(4)(c)(c) The actual and necessary disbursements for board and conveyance of the prisoner.
814.70(5)(5)Collection of money. For collecting and paying over all sums upon any execution, writ or process for the collection of money, 10 percent on the first $300; 5 percent on the next $300 or any part thereof; and 3 percent on any excess over $600; but the whole fee may not exceed $60.
814.70(6)(6)Copies.
814.70(6)(a)(a) Except as provided in par. (b), making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when required by law or demanded by a party, and if not furnished by a party to the action or attorney, $1 per page.
814.70(6)(b)(b) Making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when requested by the state public defender, a fee equal to the actual, necessary and direct costs of copying.
814.70(7)(7)Advertising personal property. Advertising goods and chattels for sale upon execution, writ or process, $1.50. If there is more than one execution, writ or process in the hands of the sheriff against the same defendants, there shall be only one advertising fee charged in the whole, which shall be on the execution having priority.
814.70(8)(8)Seizure of property; evictions. For serving any writ or other process with the aid of the county, $8; and $10 per hour for each deputy assigned to inventory the property when seizing property on attachment, replevin, execution or evicting on a writ of restitution or writ of assistance, plus all necessary expenses incurred thereby.
814.70(9)(9)Sales of real estate.
814.70(9)(a)(a) A fee of $50, of which $25 shall be prepaid and nonrefundable, for all necessary activities of the sheriff in connection with the sale of real estate by the sheriff or other officers, under any judgment or order of court, and making all the necessary papers and notices, including but not limited to:
814.70(9)(a)1.1. Drawing an advertisement of real estate.
814.70(9)(a)2.2. Issuing every certificate of sale of real estate.
814.70(9)(a)3.3. Drawing, executing and acknowledging a deed pursuant to a sale of real estate.
814.70(9)(a)4.4. Posting notices of sheriff’s sale.
814.70(9)(a)5.5. Recording a certificate of sale with the register of deeds.
814.70(9)(b)(b) For travel in making the sale, to be computed from the courthouse, 20 cents per mile going and returning.
814.70(10)(10)Personal property; possession and storage. All necessary expenses incurred in taking possession of any goods or chattels and preserving the same as shall be just and reasonable in the opinion of the court.
814.70(11)(11)Printing advertisements. All fees allowed by law and paid to any printer for any advertisement required to be published by the sheriff.
814.70(12)(12)Notices of sale. For the posting of notices of sale of personal property or posting any other notice and making a return thereon, $4 for the first posting and $2 for each additional posting.
814.70 AnnotationFees for mileage may only be collected if service is successful. 73 Atty. Gen. 106.
814.705814.705Governing body may establish higher fees.
814.705(1)(1)With respect to fees enumerated in s. 814.70 (1), (2), (3) (a) and (b), (4) (a) and (b), and (8):
814.705(1)(a)(a) A county board may establish a higher fee for collection by the sheriff.
814.705(1)(b)(b) A city council may establish a higher fee for collection by the city constable and city police.
814.705(1)(c)(c) A village board may establish a higher fee for collection by the village marshal and village constable.
814.705(1)(d)(d) A town board may establish a higher fee for collection by the town constable or town police.
814.705(2)(2)With respect to sheriff’s fees for the sale of real estate under s. 814.70 (9), the county board may establish a higher fee in an amount not to exceed $150.
814.705(3)(3)With respect to sheriff’s fees for the seizure of property or evictions under s. 814.70 (8), the county board may establish a higher fee in an amount not to exceed the actual costs incurred in performing the seizure or eviction.
814.705 HistoryHistory: 1987 a. 181; 1993 a. 246; 1997 a. 27; 2003 a. 182.
814.71814.71Fees of city police, constables and village marshals. City police, constables and village marshals shall collect the same fees as those prescribed for sheriffs in s. 814.70 for similar services subject to any modification applicable under s. 814.705.
814.71 HistoryHistory: 1981 c. 317; 1987 a. 181.
814.72814.72Fees of appraisers. For appraisals under s. 815.19, each appraiser shall collect a fee of $8, plus $10 per hour. The fee shall be paid by the officer and returned as a disbursement on the writ of attachment or execution.
814.72 HistoryHistory: 1981 c. 317.
subch. III of ch. 814SUBCHAPTER III
SURCHARGES
814.75814.75Court-imposed surcharges. The following surcharges shall be imposed by the court, in addition to the fine or forfeiture and costs and fees imposed under this chapter, if applicable:
814.75(1d)(1d)The bisphenol A surcharge under s. 100.335.
814.75(1g)(1g)The commercial fish protection surcharge under s. 29.984.
814.75(1j)(1j)The child pornography surcharge under s. 973.042.
814.75(1m)(1m)The consumer information surcharge under s. 100.261.
814.75(2)(2)The court support services surcharge under s. 814.85.
814.75(3)(3)The crime laboratories and drug law enforcement surcharge under s. 165.755.
814.75(5)(5)The crime victim and witness surcharge under s. 973.045.
814.75(6)(6)The delinquency victim and witness surcharge under s. 938.34 (8d) (a).
814.75(7)(7)The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).
814.75(8)(8)The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
814.75(8m)(8m)The global positioning system tracking surcharge under s. 971.37 (1m) (c) 1. or 973.057.
814.75(8r)(8r)The crime prevention funding board surcharge under s. 973.0455.
814.75(9)(9)The driver improvement surcharge under s. 346.655.
814.75(9g)(9g)The safe ride program surcharge under s. 346.657.
814.75(9m)(9m)The ignition interlock surcharge under s. 343.301 (5).
814.75(10)(10)The drug abuse program improvement surcharge under s. 961.41 (5).
814.75(11)(11)The drug offender diversion surcharge under s. 973.043.
814.75(12)(12)The environmental surcharge under s. 299.93.
814.75(12n)(12n)The fishing net removal surcharge under s. 29.991.
814.75(13)(13)The fishing shelter removal surcharge under s. 29.985.
814.75(13m)(13m)The Great Lakes resource surcharge under s. 29.9905.
814.75(14)(14)The jail surcharge under s. 302.46 (1).
814.75(15)(15)The justice information system surcharge under s. 814.86 (1).
814.75(16)(16)The natural resources surcharge under s. 29.987 or 169.46 (1).
814.75(17)(17)The natural resources restitution surcharge under s. 29.989 or 169.46 (2).
814.75(18)(18)The penalty surcharge under s. 757.05.
814.75(19)(19)The railroad crossing improvement surcharge under s. 346.177, 346.495, or 346.65 (4r).
814.75(20)(20)The restitution surcharge under s. 973.06 (1) (g) or 973.20 (11) (a).
814.75(21)(21)The snowmobile registration restitution surcharge under s. 350.115.
814.75(22)(22)The special prosecution clerks surcharge under s. 814.86 (1m).
814.75(22m)(22m)The supplemental food enforcement surcharge under s. 253.06 (4) (c).
814.75(23)(23)The truck driver education surcharge under s. 349.04.
814.75(24)(24)The uninsured employer surcharge under s. 102.85 (4).
814.75(24m)(24m)The work injury supplemental benefit fund surcharge under s. 102.35 (1).
814.75(25)(25)The weapons surcharge under s. 167.31 (5).
814.75(26)(26)The wild animal protection surcharge under s. 29.983.
814.75(27)(27)The wildlife violator compact surcharge under s. 29.99.
814.76814.76Surcharges in criminal actions. In addition to any fine imposed in a criminal action, a defendant shall pay the following surcharges if applicable:
814.76(1g)(1g)The commercial fish protection surcharge under s. 29.984.
814.76(1j)(1j)The child pornography surcharge under s. 973.042.
814.76(1m)(1m)The consumer information surcharge under s. 100.261.
814.76(2)(2)The crime laboratories and drug law enforcement surcharge under s. 165.755.
814.76(4)(4)The crime victim and witness surcharge under s. 973.045.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 272 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 8, 2024. Published and certified under s. 35.18. Changes effective after November 8, 2024, are designated by NOTES. (Published 11-8-24)