(a) The Sheriff of Marengo County, except for warrants for arrest, may contract with or enter into agreement with a private, public, or governmental entity for the purpose of service of process. (b)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of the county shall assess a service of process fee of fifty dollars ($50) for service or attempted service of process on each document requiring personal service of process by the sheriff for matters pending or to be commenced in a court in the county. (2) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of the county shall assess a service of process fee of fifty dollars ($50) for service or attempted service of process on each document requiring personal service of process by the sheriff for matters pending or to be commenced in a court in the state but outside of the county. (3) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of the county shall assess a service of process fee of seventy-five dollars ($75) for service or attempted service of process on each document requiring personal service of process by the sheriff for matters pending or to be commenced in a court outside of the state. (4) Notwithstanding the foregoing, the fee shall not be assessed if a judge finds that payment of the fee will create a substantial hardship. A verified statement signed by the individual requesting service and approved by the judge attesting the substantial hardship shall be filed with the clerk of the court. (c) The court official designated in the county by law for the respective courts shall collect the service of process fee designated in this section and remit the fees collected to the sheriff for deposit into the Sheriff’s Law Enforcement Fund. (d) The sheriff may use the monies generated by this section for law enforcement purposes and to discharge the duties of the office of the sheriff as the sheriff sees fit. (e) The Sheriff’s Law Enforcement Fund and the use of the proceeds may not diminish or take the place of any other source of income established for the sheriff or the operation of the jail.
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