HB1012113th GA (Historical)Introduced

Amends TCA Title 8, Chapter 10; Title 8, Chapter 21, Part 9 and Section 65-3-118.

ON APRIL 6, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1012, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to make changes relative to certain fees collected by sheriffs and constables, as described below.<br /> <br /> This amendment authorizes a county legislative body to adopt a resolution to increase the fees that a constable is entitled to receive under this bill, or to generally supplement the pay of a constable who is an officer of the county. This amendment requires a fee increase or pay supplement to be commensurate with the nature of the work, services provided, and experience of the constable.<br /> <br /> Present law provides that the sheriff or constable is entitled to $40 as a fee for providing service in person regardless of whether the process was issued by a clerk for any court. This amendment increases this fee to $50.<br /> <br /> Present law provides that, for a levy of an execution on property or levy of an attachment or other process to seize property for the purpose of securing satisfaction of a judgment yet to be rendered or for executing a writ of replevin or writ of possession, the sheriff or constable is entitled to demand and receive a fee of $40. This amendment increases this fee to $50.<br /> <br /> Present law provides that the sheriff or constable is entitled to demand and receive a fee of $20 for collecting money to satisfy a judgment, whether by execution, fieri facias, garnishment or other process, in civil cases each time collection is attempted. This amendment increases this fee to $40.<br /> <br /> ON APRIL 15, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1012 FOR SENATE BILL 1493, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1012, AS AMENDED.<br /> <br /> AMENDMENT #2 changes the effective date to July 1, 2024.<br />

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Overview

ON APRIL 6, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1012, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to make changes relative to certain fees collected by sheriffs and constables, as described below.<br /> <br /> This amendment authorizes a county legislative body to adopt a resolution to increase the fees that a constable is entitled to receive under this bill, or to generally supplement the pay of a constable who is an officer of the county. This amendment requires a fee increase or pay supplement to be commensurate with the nature of the work, services provided, and experience of the constable.<br /> <br /> Present law provides that the sheriff or constable is entitled to $40 as a fee for providing service in person regardless of whether the process was issued by a clerk for any court. This amendment increases this fee to $50.<br /> <br /> Present law provides that, for a levy of an execution on property or levy of an attachment or other process to seize property for the purpose of securing satisfaction of a judgment yet to be rendered or for executing a writ of replevin or writ of possession, the sheriff or constable is entitled to demand and receive a fee of $40. This amendment increases this fee to $50.<br /> <br /> Present law provides that the sheriff or constable is entitled to demand and receive a fee of $20 for collecting money to satisfy a judgment, whether by execution, fieri facias, garnishment or other process, in civil cases each time collection is attempted. This amendment increases this fee to $40.<br /> <br /> ON APRIL 15, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1012 FOR SENATE BILL 1493, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1012, AS AMENDED.<br /> <br /> AMENDMENT #2 changes the effective date to July 1, 2024.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2023

Subjects
11002715

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HB1012: Amends TCA Title 8, Chapter 10; Title 8, Chapter 21, Part 9 and Section 65-3-118. | LegisGo