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H 7038Civil Procedure

Courts and Civil Procedure - Procedure Generally - Fees

This bill changes the fee for serving standard legal papers from a maximum of $70 to a minimum of $70.

Held for study
Population
Affected
25
Email Legislator
Introduced Jan 9, 2026Committee House Judiciary

Plain-English Summary

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.

For younger readers

When people have to go to court, a worker called a sheriff or constable delivers papers to them. This is a job they get paid for. Before this new rule, the law said these workers could not charge more than $70 for delivering most papers. This bill changes the rule so that they must charge at least $70. This means the price for delivering these papers cannot go lower than $70, and it might even go higher.

Who & Where It Applies

Impacted groups
LitigantsDeputy SheriffsTown SergeantsConstablesAttorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
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.
  • 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.
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.
  • 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.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 additions · 5 deletions

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.