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- 83rd Session (2025)
Senate Bill No. 210–Senators Stone and Ohrenschall
CHAPTER..........
AN ACT relating to local law enforcement agencies; increasing
certain fees collected by constables and sheriffs for certain
services; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes constables and the sheriff of each county in this State,
including the sheriff of Carson City, to charge and collect various fees which are set
forth in existing law for performing certain services. (NRS 248.275, 248.285,
258.125) Section 1 of this bill increases: (1) from $17 to $26 the fee for serving a
summons or complaint, or any other process, by which an action or proceed ing is
commenced, with certain exceptions; (2) from $2 to $3 the fee for each mile
traveled in going to serve a summons or complaint, or any other process, by which
an action or proceeding is commenced, with certain exceptions; (3) from $5 to $26
the fee f or taking a bond or undertaking; (4) from $15 to $26 the fee for serving
every rule or order; (5) from $2 to $3 the fee for each mile necessarily and actually
traveled in going to serve a notice required by law before the commencement of a
proceeding for any type of eviction; (6) from $21 to $26 the fee for each service in
a summary eviction, with certain exceptions, and for the service and execution of a
writ of restitution; (7) from $15 to $26 fees relating to the service of subpoenas and
the service or e xecution of certain documents or orders; (8) from $2 to $3 the fee
for each mile traveled in going to serve subpoenas or a venire; (9) from $15 to $26
the fee for certain costs of making and posting notices and advertising for sale, on
execution or any jud gment or order of sale; (10) from $5 to $26 the fee for issuing
each certificate of sale of property on execution or order of sale and for recording
the original certificate with the county recorder; (11) from $20 to $26 the fee for
drawing and executing e very sheriff’s deed ; (12) from $21 to $26 the fee for
serving a writ of possession or restitution; (13) from $2 to $3 the fee for each mile
necessarily traveled in going to serve any process ; (14) from $2 to $3 the fee for
mailing a notice of a writ of exe cution; (15) from $2 to $3 the fee for each mile
traveled, for going only, on all papers not served, where reasonable effort has been
made to effect service; and (16) from $20 to $30 the maximum fee the sheriff may
charge and collect per mile traveled, for going only, on all papers not served, where
reasonable effort has been made to effect service. Section 2 of this bill similarly
increases such fees for constables and additionally increases from $7 to $26 the fee
that a constable is authorized to charge for summoning a jury before a justice of the
peace.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 248.275 is hereby amended to read as follows:
248.275 1. The sheriff of each county in this State may
charge and collect the following fees:
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For serving a summons or complaint, or any
other process, by which an action or
proceeding is commenced, except as a writ of
habeas corpus, on every defendant ....................... [$17] $26
For traveling and making such service, per mile
in going only, to be computed in all cases the
distance actually traveled, for each mile ...................... [2] 3
If any two or more papers are required to be
served in the same suit at the same time,
where parties live in the same direction,
one mileage only may be charged.
For taking a bond or undertaking in any case in
which the sheriff is authorized to take a bond
or undertaking ............................................................ [5] 26
For a copy of any writ, process or other paper, if
demanded or required by law, for each page..................... 3
For serving every rule or order ...................................... [15] 26
For serving one notice required by law before
the commencement of a proceeding for any
type of eviction ................................................................ 26
For serving not fewer than 2 nor more than 10
such notices to the same location, each notice ................ 20
For serving not fewer than 11 nor more than 24
such notices to the same location, each notice ................ 17
For serving 25 or more such notices to the same
location, each notice ........................................................ 15
For mileage in serving such a notice, for each
mile necessarily and actually traveled in
going only..................................................................... [2] 3
But if two or more notices are served at the
same general location during the same
period, mileage may only be charged for
the service of one notice.
For each service in a summary eviction, except
service of any notice required by law before
the commenceme nt of the proceeding, and
for serving notice of and executing a writ of
restitution .................................................................. [21] 26
For serving a subpoena, for each witness
summoned ................................................................ [15] 26
For traveling, per mile in serving subpoenas, or a
venire, in going only, for each mile .............................. [2] 3
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When two or more witnesses or jurors live in
the same direction, traveling fees must be
charged only for the most distant.
For serving an attachment on property, or
levying an execution, or executing an order
of arrest or order for the delivery of personal
property, t ogether with traveling fees, as in
cases of summons ................................................. [$15] $26
For making and posting notices and advertising
for sale, on execution or any judgment or
order of sale, not to include the cost of
publication in a newspaper ....................................... [15] 26
For issuing each certificate of sale of property on
execution or order of sale, and for recording
the original certificate with the county
recorder, which must be collected from the
party receiving the certificate ..................................... [5] 26
For drawing and executing every sheriff’s deed,
to be paid by t he grantee, who shall in
addition pay for the acknowledgment thereof .......... [20] 26
For serving a writ of possession or restitution,
putting any person into possession entitled
thereto ....................................................................... [21] 26
For traveling in the service of any process, not
otherwise provided in this section, for each
mile necessarily traveled, for going only, for
each mile ...................................................................... [2] 3
For mailing a notice of a writ of execution........................ [2] 3
The sheriff may charge and collect [$2 or] $3 per mile traveled,
for going only, on all papers not served, where rea sonable effort has
been made to effect service, but not to exceed [$20.] $30.
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on
execution or process, where lands or personal property have been
levied on, advertised or sold, on the first $500, 4 percent; on any
sum in excess of $500, and not exceeding $1,000, 2 percent; on all
sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on
executions without levy, or where the lands or goods levied on are
not sold, on the first $3,500, 2 percent, and on all amounts over that
sum, one-half of 1 percent.
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(c) For service of any process in a criminal case, or of a writ of
habeas corpus, the same mileage as in civil cases, to b e allowed,
audited and paid as are other claims against the county.
(d) For all services in justice courts, the same fees as are allowed
in subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also entitled to further compe nsation for his or
her trouble and expense in taking possession of property under
attachment, execution or other process and of preserving the
property, as the court from which the writ or order may issue
certifies to be just and reasonable.
4. In servic e of a subpoena or a venire in criminal cases, the
sheriff is entitled to receive mileage for the most distant only, where
witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising
and for making a nd collecting money on an execution or order of
sale, must be collected from the defendants, by virtue of the
execution or order of sale, in the same manner as the execution is
directed to be made.
6. Except as otherwise provided by an ordinance adopted
pursuant to the provisions of NRS 244.207, all fees collected by a
sheriff must be paid into the county treasury of his or her county on
or before the fifth working day of the month next succeeding the
month in which the fees are collected.
Sec. 2. NRS 258.125 is hereby amended to read as follows:
258.125 1. Constables are entitled to the following fees for
their services:
For serving a summons or any other process in
civil cases ............................................................. [$17] $26
For summoning a jury before a justice of the
peace ........................................................................... [7] 26
For taking a bond or undertaking .................................... [5] 26
For serving an attachment against the property
of a defendant ........................................................... [15] 26
For serving subpoenas, for each witness ....................... [15] 26
For a copy of any writ, process or order or other
paper, when demanded or required by law,
per folio ........................................................................... $3
For drawing and executing every constable’s
deed, to be paid by the grantee, who must
also pay for the acknowledgment thereof ................ [20] 26
For each certificate of sale of real property under
execution .................................................................... [5] 26
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For levying any writ of execution or writ of
garnishment, or executing an order of arrest
in civil cases, order for delivery of personal
property or any other order in a civil case,
except an order of eviction, with traveling
fees as for summons ............................................. [$15] $26
For serving one notice required by law before
the c ommencement of a proceeding for any
type of eviction ................................................................ 26
For serving not fewer than 2 nor more than 10
such notices to the same location, each notice ................ 20
For serving not fewer than 11 nor more than 24
such notices to the same location, each notice ................ 17
For serving 25 or more such notices to the same
location, each notice ........................................................ 15
Except as otherwise provided in subsection 3,
for mileage in serving such a notice, for each
mile necessarily and actually traveled in
going only..................................................................... [2] 3
But if two or more notices are serv ed at the
same general location during the same
period, mileage may only be charged for
the service of one notice.
For each service in a summary eviction, except
service of any notice required by law before
commencement of the proceeding, and for
serving n otice of and executing a writ of
restitution .................................................................. [21] 26
For making and posting notices, and advertising
property for sale on execution, not to include
the cost of publication in a newspaper ..................... [15] 26
For each warrant lawfully executed, unless a
higher amount is established by the board of
county commissioners ..................................................... 48
For mailing a notice of a writ of execution........................ [2] 3
Except as otherwise provided in subsection 3,
for mileage in serving summons, attachment,
execution, order, venire, subpoena, notice,
summary eviction, writ of restitution or other
process in civil suits, for each mile
necessarily and actually traveled, in going
only ............................................................................... [2] 3
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But when two or more persons are served in
the same suit, mileage may only be
charged for the most distant, if they live in
the same direction.
Except as otherwise provided in subsection 3,
for mileage in making a diligent but
unsuccessful effort to serve a summons,
attachment, execution, order, venire,
subpoena or other process in civil suits, for
each mile necessarily and actually trav eled,
in going only............................................................. [$2] $3
But mileage may not exceed [$20] $30 for
any unsuccessful effort to serve such
process.
2. A constable is also entitled to receive:
(a) For receiving and taking care of property on execution,
attachment or order, and for exe cuting an order of arrest in civil
cases, compensation for the constable’s trouble and expense, to be
allowed by the court which issued the writ or order, upon the
affidavit of the constable that the charges are correct and the
expenses necessarily incurred.
(b) For collecting all sums on execution or writ, to be charged
against the defendant, on the first $3,500, 2 percent thereof, and on
all amounts over that sum, 1 percent.
(c) For service in criminal cases, the same fees as are allowed
sheriffs for like services, to be allowed, audited and paid as are other
claims against the county.
(d) For removing or causing the removal of, pursuant to NRS
487.230, a vehicle that has been abandoned on public property,
$100.
(e) For providing any other service au thorized by law for which
no fee is established by this chapter, the fee provided for by
ordinance by the board of county commissioners.
3. For each service for which a constable is otherwise entitled
pursuant to subsection 1 to a fee based on the mileage necessarily
and actually traveled in performing the service, a board of county
commissioners may provide by ordinance for the constable to be
entitled, at the option of the person paying the fee, to a flat fee for
the travel costs of that service.
4. Deputy sheriffs acting as constables are not entitled to retain
for their own use any fees collected by them, but the fees must be
paid into the county treasury on or before the fifth working day of
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the month next succeeding the month in which the fee s were
collected.
5. Except as otherwise provided in subsection 6, constables
shall, on or before the fifth working day of each month, account for
and pay to the county treasurer all fees collected during the
preceding month, except fees which may be ret ained as
compensation.
6. Every 5 business days, constables in an office established by
the board of county commissioners as an enterprise fund shall
account for and pay to the county treasurer any fee collected during
the preceding period.
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