Section 3138. Sheriff’s expenses and fees; recovery as costs; abandonment of writ for non-payment

(a) The plaintiff shall pay to the sheriff all costs, charges, and expenses incident to the execution, the maintenance of the lien of the execution and the pres-ervation of the property. These items shall be deemed taxable costs for refund to the plaintiff from the proceeds of any sale, except that the plaintiff shall not be entitled to recover the costs in connection with writs determined by the court to be unnecessary and oppressive.

(b) If the plaintiff fails to make payment promptly upon demand of the sheriff’s proper fees and costs, the sheriff shall be relieved of liability for loss, removal or distribution of the property and may return the writ as abandoned.

Official Note

Adopted March 30, 1960, effective November 1, 1960.