<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>55776</law_id><section_number>15.2-1609.3</section_number><catch_line>Fees and mileage allowances</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="16">Local Constitutional Officers, Courthouses and Supplies</unit><unit label="article" level="4" order_by="1" identifier="3">Sheriff</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Every sheriff, and every sheriff&#x2019;s deputy, shall collect all fees and mileage allowances provided by <span class="dictionary">law</span> for the services of such officer, other than those he is entitled to receive from the Commonwealth or from the <span class="dictionary">county</span> or <span class="dictionary">city</span> for which he is elected or appointed and fees and mileage allowances provided for services in connection with the <span class="dictionary">prosecution</span> of any criminal matter in the <span class="dictionary">circuit</span> <span class="dictionary">courts</span>. However, no fee shall be charged for serving any public <span class="dictionary">orders</span>, for summoning or impaneling grand juries, or for services in elections except as provided under Title 24.2. <a id="paragraph-204357" class="section-permalink" href="https://vacode.org/15.2-1609.3/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> All fees and mileage allowances accruing in connection with any civil or criminal matter shall be collected by the clerk of the <span class="dictionary">court</span> in which the case is heard and paid by him into the treasury of the <span class="dictionary">county</span> or <span class="dictionary">city</span> in which the case is heard. All fees collected by or for every sheriff and deputy shall be paid into the treasury of the <span class="dictionary">county</span> or <span class="dictionary">city</span> for which he is elected or appointed, on or before the tenth day of the month next succeeding that in which the fees are collected. The treasurer of each <span class="dictionary">county</span> and <span class="dictionary">city</span> shall credit such amounts in excess of such fees received in fiscal year 1994 to the account of the Commonwealth to be remitted to the State Treasurer along with other funds due to the Commonwealth. <a id="paragraph-204358" class="section-permalink" href="https://vacode.org/15.2-1609.3/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> In any case in which a sheriff makes a <span class="dictionary">levy</span> and advertises property for sale and by reason of a <span class="dictionary">settlement</span> between the parties to the claim or suit he is not permitted to sell under the <span class="dictionary">levy</span>, the sheriff is not entitled to any commissions, but in addition to his fees for making the <span class="dictionary">levy</span> and return, he shall be entitled to recover from the <span class="dictionary">party</span> for whom the services were performed the expenses incurred for advertisement of the proposed sale of the property. <a id="paragraph-204359" class="section-permalink" href="https://vacode.org/15.2-1609.3/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> When, after distraining or levying on tangible property the officer neither sells nor receives payment and either takes no forthcoming <span class="dictionary">bond</span> or takes one which is not forfeited, he shall, if not in <span class="dictionary">default</span>, have in addition to the $1 for a <span class="dictionary">bond</span>, if one was taken, a fee of $12. If the fee is more than one-half of what his commission would have amounted to if he had received payment, he shall, whether a <span class="dictionary">bond</span> was taken or not, receive a fee of at least $1 and so much more as is necessary to equal the one-half. <a id="paragraph-204360" class="section-permalink" href="https://vacode.org/15.2-1609.3/#D"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7;&#xA7; 14-82, 14-100, 14-105, 14-106; 1964, c. 386, &#xA7;&#xA7; 14.1-69, 14.1-89, 14.1-94, 14.1-95; 1971, Ex. Sess., c. 155; 1975, c. 591; 1995, c. 51; 1997, c. 208; 1998, c. 872; 2004, c. 210.</history><metadata></metadata></law>
