Waupaca County board approves new service-of-process fee schedule for sheriff’s office

The Waupaca County Board of Supervisors on Nov. 9, 2021, adopted Resolution No. 33, authorizing the Waupaca County Sheriff’s Office to establish a revised schedule of Service of Process fees under authority of Section 814.705(1), Wisconsin Statutes. The motion to adopt was moved by Supervisor Patricia Craig and seconded by Supervisor Dave Morack; the vote was 23-0.

The resolution sets several flat fees and clarifications: a $75 flat fee for an additional defendant or respondent living at the same address (the fee includes successful service or up to three attempts and mileage); a $35 flat fee for service on defendants in Waupaca County jail; $35 per additional case served simultaneously with the first case; $20 per attempt for state/plaintiff requests after three unsuccessful attempts; a $20 fee for requests canceled prior to any attempt; and a $150 flat fee for 'rush service' defined as requests received less than 48 hours prior to the statutorily defined timeframe for service.

The resolution cites Sections 814.70(1), 814.70(3) and 814.705(1) of the Wisconsin Statutes as authority for setting fees and notes that the proposed rates may increase fees for customers but "do not replicate actual resources expended by the Sheriff’s Office in completing this law enforcement function." The resolution also notes that if a cooperative agreement between the Sheriff and the Child Support Agency is executed, certain fees for child support actions are reimbursable by the State at 66%.

The board approved the resolution without recorded dissent; the change allows the sheriff’s office to collect the specified fees and clarifies billing for multiple-case service, custody service, cancellations and expedited requests.