(1) A constable who holds a county contract described in Section 17-78-601 may, for the constable's own use, collect as compensation in civil matters the same fees as those specified for sheriffs in Section 17-72-304. (2) Constable fees that exceed the amounts in Section 17-72-304 are recoverable: (a) by the constable only if the constable receives prior approval for the increased fee from the party requesting the service; and (b) by a prevailing party as a cost of the action, if the court finds the service and increased fee are justifiable. (3) (a) A county may, by resolution or ordinance, establish fees for constable services in addition to or in excess of the fees described in Section 17-72-304. (b) A county may: (i) charge and collect a fee for constable services in a civil matter directly from the county resident who requests the services and remit the fee to the constable; or (ii) authorize the constable to directly charge and collect a fee for constable services in a civil matter, in accordance with this section and any fees established by the county under Subsection (3)(a). (4) Nothing in this section prohibits a constable from charging a private client a fee in a civil matter in which the county is not involved according to mutually agreed upon terms between the constable and the private client, unless the fee is prohibited by another provision of law.
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