Fees and Costs


121. Fees.
122. Prepayment for service.
123. Disposition of proceeds.

121. Fees.

Each chief of police, policeman, or other person authorized to execute or serve process, other than a member of the Micronesia police executing or serving a process in a criminal or civil contempt proceedings, or in juvenile delinquency proceedings, shall be entitled to collect the following fees for duties performed by him:

(1) For serving any form of process, one dollar plus three cents per mile for any travel actually performed and necessary in connection with the service. Any process delivered to the chief of police or any policeman shall be sent by him to a policeman who is located where he can serve it more quickly or with less travel;

(2) For levying a writ of execution and making a sale thereunder, the fees provided above for serving of any process, plus five dollars for conducting the sale, and five cents for every dollar collected up to 50 dollars, and two cents for every dollar collected over 50 dollars.

(3) In addition to the above, any chief of police shall be allowed his actual, reasonable, and necessary expenses for caring for any property seized under an attachment or levy of execution; provided, however, that no caretaker or watchman shall be allowed in excess of one dollar for each 12 hours of service.

Source: TT Code 1966 256, 249(b); TT Code 1970, 6 TTC 31; TT Code 1980, 6 TTC 31.

Cross-reference: The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code. The FSM Supreme Court website contains court decisions, rules, calendar, and other information of the court, the Constitution, the code of the Federated States of Micronesia, and other legal resource information at http://www.fsmsupremecourt.org/.

Editor's note: The word "other" in the first sentence of this section was contained in the 1966 edition of the Trust Territory Code, but was omitted from the 1970 and 1980 editions.

122. Prepayment for service.

Except when the process is issued on behalf of the Trust Territory or an officer or agency thereof, or under section 1014 of this title, any chief of police, policeman, or other person authorized to serve or execute process may require the person requesting him to act to prepay his fees and estimated expenses or give reasonable security therefor before serving or executing any process.

Source: TT Code 1966 257; TT Code 1970, 6 TTC 32; TT Code 1980, 6 TTC 32.

Editor's note: The 1970 edition of the Trust Territory Code refers to "section 704, Chapter 29 of this title." The 1980 edition refers to "section 704 of this title." Both references are incorrect. The 1966 edition refers to 262 of that edition, which was codified in the 1970 and 1980 editions as 6 TTC 404. This section is codified as section 1014 of this title.

123. Disposition of proceeds.

Each chief of police, policeman, or other person authorized to serve or execute process, shall be entitled to retain for his own use the fees authorized in this subchapter, provided he is not an employee of the Trust Territory as a member of the Micronesia police or otherwise when the services are performed. If he is such an employee, he shall remit monthly to the treasurer of the Trust Territory all fees collected for services and travel in servicing or executing process, less any reasonable expenses actually paid by him personally for travel in connection with these duties. Being a salaried employee of a municipality, however, shall not prevent a policeman or other authorized person from retaining his fees for his own use.

Source: TT Code 1966 258; TT Code 1970, 6 TTC 33; TT Code 1980, 6 TTC 33.