Bill Sponsors
Corvese, O'Brien, Noret, Shanley, Azzinaro, Kennedy, Solomon, Bennett, Read, and J. Brien
Committee
House Judiciary
Summary
Select
This legislation amends the fee structure for deputy sheriffs, town sergeants, and constables when serving legal documents such as writs, citations, or subpoenas. Previously, the law set a maximum fee of $70 for serving these standard documents. This bill removes that maximum cap and replaces it with a requirement that the fee must be at least $70. Essentially, this changes the $70 rate from a ceiling (maximum) to a floor (minimum), potentially allowing for higher charges for these services while ensuring process servers receive a minimum compensation.
Sponsor
Analysis
Pros for Progressives
- Ensures that constables and sheriffs, who are working-class service providers, receive a guaranteed baseline of compensation for their labor.
- Increases potential contributions to the state's general revenue fund, which supports public services and safety nets.
- Standardizes the minimum cost of service, preventing a "race to the bottom" in wages for process servers in the gig economy.
Cons for Progressives
- Increases the financial barrier to accessing the justice system, which disproportionately harms low-income individuals seeking legal redress.
- Removes the price cap on service fees, potentially allowing costs to spiral out of control for those who can least afford them.
- May discourage tenants and marginalized groups from pursuing valid legal claims due to fear of increased upfront costs.
Pros for Conservatives
- Removes a government-imposed price ceiling, allowing market forces to potentially dictate higher rates for services rendered.
- Ensures that the costs of the legal system are borne by the users of the system (litigants) rather than the general taxpayer.
- Protects the financial viability of private constables and town sergeants who operate as small business owners or independent contractors.
Cons for Conservatives
- Imposes a government-mandated price floor, interfering with the free market's ability to offer competitive, lower prices.
- Increases the cost of doing business for landlords and small business owners who frequently need to utilize the court system for evictions or collections.
- Represents continued government regulation of private transactions rather than a move toward complete deregulation.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Litigants
- Deputy Sheriffs
- Town Sergeants
- Constables
- Attorneys
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
Amount unknown
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to House Judiciary
Bill Text
SECTION 1. Section 9-29-9 of the General Laws in Chapter 9-29 entitled "Fees" is hereby amended to read as follows:
9-29-9. Fees of sheriffs, sergeants, and constables.
(a) The fees, including mileage, of deputy sheriffs, town sergeants, and constables, for which a deposit to insure payment may be required, shall not exceed the following:
(1) For serving any writ of replevin, or out of state papers $100.00
(2) For serving all other writs, citations, or subpoenas $70.00
(3)(2) For a writ copy of every one hundred words $2.00
(4)(3) For every writ returned when the defendant cannot be found $15.00
(5)(4) For serving any writ of arrest or body attachment $100.00
(b) For serving all other writs, citations, or subpoenas not specified in subsection (a) of this section, the minimum fee required shall not be less than seventy dollars ($70.00).
(b)(c) The above fees shall be deposited as general revenue.
SECTION 2. This act shall take effect upon passage.
9-29-9. Fees of sheriffs, sergeants, and constables.
(a) The fees, including mileage, of deputy sheriffs, town sergeants, and constables, for which a deposit to insure payment may be required, shall not exceed the following:
(1) For serving any writ of replevin, or out of state papers $100.00
(b) For serving all other writs, citations, or subpoenas not specified in subsection (a) of this section, the minimum fee required shall not be less than seventy dollars ($70.00).
SECTION 2. This act shall take effect upon passage.