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TO: BOARD OF SUPERVISORS
FROM: , PHIL BATCHELORtra
County Administrator Costa
DATE: July 2, 1985 County
SUBJECT: AFEE FOR ADMINISTERING FUNDS PURSUANT TO CODE OF. CIVIL
PROCEDURE, SECTIOIN. 117.9
SPECIFIC REQUEST(S) OR.RECOIEMMENDATION(S) & BACKGROUND AND .JUSTIFICATION
RECOMMENDATION:
Authorize the Sheriff-Coroner and Marshal to impose a fee of $14.00 for administering .funds
received as a result of small claims actions pursuant to California Code of Civil Procedure,
Section 117.9.
FINANCIAL IMPACT:
Impact will be insignificant' since the number of such cases is few. However, fee will
permit the Sheriff-Coroner and Marshal to recover the cost of administering CCP 117.9.
REASON FOR RECOMMENDATION/BACKGROUND:
Code of Civil Procedure, Section 117.9, implemented January 1, 1985, provides that upon
judgment, the judgment debtor, may pay the amount of judgment to the Sheriff, Marshal or
Constable of the Court in which the judgment was entered. The Sheriff or Marshal would
disburse the proceeds to thelijudgment creditor.
The Section further provides" "the Board of Supervisors shall set a fee for handling these
payments not to exceed the actual costs of administering this provision, which shall be
paid by the judgment debtor 'and which may not be waived by the court".
The fee of $14.00 is suggested since this is the fee charged for other simple civil
process. This would cover the cost of setting up a file, receipting, accounting and
issuance of county warrant. '',
CONTINUED ON ATTACHMENT: YES SIGNATURE:
it
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO)o OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) ti'�
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
_X
UNANIMOUS (ABSENTOI ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Sheriff-Coroner ATTESTED . . A �
Marshal V
Auditor-Controller PHIL tATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CAO - Justice System Programs
M302/7-e3 BY D.EPUTY