(1) The legislative body of a county that contracts with a constable may set a fee by ordinance, in accordance with Section 17-64-501, for a service provided by the constable the same as the county legislative body sets fees for a county sheriff as described in Section 17-72-304. (2) Constable fees that exceed the amounts in Section 17-72-304 are recoverable in court: (a) by the constable only if the constable has received prior approval for the increased fee from the party requesting the service; and (b) by a prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.
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