2017 ORS 21.300¹
Sheriff and process server fees

(1) The sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the office of the sheriff:

(a) $45 for serving a summons, a subpoena, a citation, an order, a notice, including notice of seizure and sale of personal or real property, a notice of restitution and notice of seizure under writ of attachment or execution or a similar document, including small claims or writ of execution, directed to not more than two parties at the same address. If service is requested for more than two parties at the same address, the fee is $25 for each party at the same address. The fee authorized by this paragraph shall not be charged to the state in civil actions, suits and proceedings where one party is a person who has been appointed counsel at state expense.

(b) For seizure and sale of personal or real property, enforcement of writ of execution of judgment of restitution, or other enforcement or seizure under writ of attachment or execution, or other process or proceeding, $80, and, in addition, such sums as may be reasonable and necessary for the costs of standing by in anticipation of securing custody of the property, the expense of securing each keeper or custodian of property, the expense of inventory of property and the expense incurred in advertising required by law in the sale of the property.

(c) For making a sheriff’s deed, certificate of redemption or conveyance of real property sold on any process, $50, to be paid by, or for, the grantee.

(d) For making a copy of any process, order, notice or other instrument in writing, when necessary to complete the service thereof, for each folio, $3; but no charge shall be made for copy of complaint or other document not actually made by the sheriff.

(2) Persons other than a sheriff serving process and other documents may charge any fee agreed to between the server and the person requesting service.

(3) The county may retain fees collected for service by the sheriff if the party to be served cannot be found.

(4) A sheriff may not collect mileage or commission for service of any document or process but in any service involving travel in excess of 75 miles round trip a sheriff may bill and collect an additional fee not to exceed $45. Mileage shall be measured from the location at which the service is made to the circuit court in that county.

(5) Amounts paid for service of process and other documents may be recovered as costs and disbursements to the extent provided by ORS 20.115 (Service expenses recoverable as costs and disbursements).

(6) A sheriff may not collect a fee under this section for serving a foreign restraining order or an order that only grants relief under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(c).

(7) As used in this section:

(a) “Folio” means 100 words, counting two figures as one word. Any portion of a folio, when the whole paper contains less than a folio, or when such portion is an excess over the last folio, shall be deemed a folio.

(b) “Foreign restraining order” means a restraining order that is a foreign judgment as defined by ORS 24.105 (Definitions for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175). [Formerly 21.410; 2017 c.390 §1]

Note: Section 3, chapter 390, Oregon Laws 2017, provides:

Sec. 3. (1) On January 1, 2021, the Oregon Department of Administrative Services shall determine the cumulative percentage increase or decrease in the cost of living for the previous four years, based on changes in the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor. The Oregon Department of Administrative Services shall adjust the fees under ORS 21.300 (Sheriff and process server fees) (1) and (4) as follows:

(a) If the cost of living has increased, the department shall adjust the fees by multiplying the fee amounts by the percentage amount determined under this subsection. The department shall round the adjusted fees up to the nearest $1. The adjusted fees become effective on July 1, 2021, and apply to all fees incurred on or after July 1, 2021.

(b) If the cost of living has not increased, the department may not change the fees.

(2) After the department adjusts the fees under ORS 21.300 (Sheriff and process server fees) (1) and (4) as provided in subsection (1) of this section, the department shall promptly notify the Oregon State Sheriffs’ Association of the adjusted fees. [2017 c.390 §3]

(formerly 21.410)

Atty. Gen. Opinions

Sheriff’s fee in a forcible entry and detainer pro­ceed­ing, (1974) Vol 36, p 932

1 Legislative Counsel Committee, CHAPTER 21—State Court Fees, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors021.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 21, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano021.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.