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U.S. Code as of:
01/19/04
Section 1921. United States marshal's fees
(a)(1) The United States marshals or deputy marshals shall
routinely collect, and a court may tax as costs, fees for the
following:
(A) Serving a writ of possession, partition, execution,
attachment in rem, or libel in admiralty, warrant, attachment,
summons, complaints, or any other writ, order or process in any
case or proceeding.
(B) Serving a subpoena or summons for a witness or appraiser.
(C) Forwarding any writ, order, or process to another judicial
district for service.
(D) The preparation of any notice of sale, proclamation in
admiralty, or other public notice or bill of sale.
(E) The keeping of attached property (including boats, vessels,
or other property attached or libeled), actual expenses incurred,
such as storage, moving, boat hire, or other special
transportation, watchmen's or keepers' fees, insurance, and an
hourly rate, including overtime, for each deputy marshal required
for special services, such as guarding, inventorying, and moving.
(F) Copies of writs or other papers furnished at the request of
any party.
(G) Necessary travel in serving or endeavoring to serve any
process, writ, or order, except in the District of Columbia, with
mileage to be computed from the place where service is returnable
to the place of service or endeavor.
(H) Overtime expenses incurred by deputy marshals in the course
of serving or executing civil process.
(2) The marshals shall collect, in advance, a deposit to cover
the initial expenses for special services required under paragraph
(1)(E), and periodically thereafter such amounts as may be
necessary to pay such expenses until the litigation is concluded.
This paragraph applies to all private litigants, including seamen
proceeding pursuant to section 1916 of this title.
(3) For purposes of paragraph (1)(G), if two or more services or
endeavors, or if an endeavor and a service, are made in behalf of
the same party in the same case on the same trip, mileage shall be
computed to the place of service or endeavor which is most remote
from the place where service is returnable, adding thereto any
additional mileage traveled in serving or endeavoring to serve in
behalf of the party. If two or more writs of any kind, required to
be served in behalf of the same party on the same person in the
same case or proceeding, may be served at the same time, mileage on
only one such writ shall be collected.
(b) The Attorney General shall from time to time prescribe by
regulation the fees to be taxed and collected under subsection (a).
Such fees shall, to the extent practicable, reflect the actual and
reasonable cost of the service provided.
(c)(1) The United States Marshals Service shall collect a
commission of 3 percent of the first $1,000 collected and 1 1/2
percent on the excess of any sum over $1,000, for seizing or
levying on property (including seizures in admiralty), disposing of
such property by sale, setoff, or otherwise, and receiving and
paying over money, except that the amount of commission shall be
within the range set by the Attorney General. if (!1) the property
is not disposed of by marshal's sale, the commission shall be in
such amount, within the range set by the Attorney General, as may
be allowed by the court. In any case in which the vessel or other
property is sold by a public auctioneer, or by some party other
than a marshal or deputy marshal, the commission authorized under
this subsection shall be reduced by the amount paid to such
auctioneer or other party. This subsection applies to any
judicially ordered sale or execution sale, without regard to
whether the judicial order of sale constitutes a seizure or levy
within the meaning of State law. This subsection shall not apply to
any seizure, forfeiture, sale, or other disposition of property
pursuant to the applicable provisions of law amended by the
Comprehensive Forfeiture Act of 1984 (98 Stat. 2040).
(2) The Attorney General shall prescribe from time to time
regulations which establish a minimum and maximum amount for the
commission collected under paragraph (1).
(d) The United States marshals may require a deposit to cover the
fees and expenses prescribed under this section.
(e) Notwithstanding section 3302 of title 31, the United States
Marshals Service is authorized, to the extent provided in advance
in appropriations Acts -
(1) to credit to such Service's appropriation all fees,
commissions, and expenses collected by such Service for -
(A) the service of civil process, including complaints,
summonses, subpoenas, and similar process; and
(B) seizures, levies, and sales associated with judicial
orders of execution; and
(2) to use such credited amounts for the purpose of carrying
out such activities.
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