October 3, 1979
Subject:
Courts; Costs Allowed for Service of Civil Process.
Requested By:
Larry J. McGlothlin Cumberland County Sheriff’s Attorney
Question:
Does G.S. 7A-311(a)(1) require civil process fees to be assessed, collected and remitted when the law enforcement officer serves or attempts to serve civil process?
Conclusion:
Yes.
Chapter 310, Session Laws of 1965, enacted G.S. 7A-311 and provided the fee to be assessed and collected for each item of civil process served or attempted to be served.
Chapter 417, Session Laws of 1973 amended G.S. 7A-311(a)(1) by deleting the phrase "or attempted to be served".
Chapter 1139, Session Laws of 1973 (2d Session) amended G.S. 7A-311 (a)(1) by adding a new sentence: "If the process is served, or attempted to be served by the sheriff, the fee shall be remitted to the city rather than the county."
Chapter 801, Session Laws of 1979 rewrote G.S. 7A-311(a)(1) and divided it into subsections (a) and (b). The first deals with the amount of the fee to be assessed and (b) contains the language that if the process is served, or attempted to be served, the fee shall be paid to the city if by a policeman and to the county if by the sheriff.
It appears clear from the history and language of G.S. 7A-311(a)(1), that the fee is paid when the process is served, or attempted to be served, by the law enforcement officer.
Rufus L. Edmisten Attorney General
James F. Bullock Senior Deputy Attorney General