Q: I don't understand MCL 600.2559 (7)(8) as it pertains to taxes and recovery of fees? What does that mean?
My understanding is that process servers can charge more than the prescribed fees under MCL 600.2559 if there is a written agreement beforehand. What I don't understand is the statements concerning taxes and recovery of fees. "...a person entitled to tax costs shall not attempt to tax and is not entitled to recover a fee for service of process that exceeds the fee prescribed by this section or other law. MCL 600.2559 (8). What does this mean?
A:
It means that if a party is entitled to "tax cost" - fancy way of saying a person is legally entitled to collect their costs from the other party - that person can only recover the amounts listed in that statute and not more even if they paid more for service of process.
Remember, the general rule is that each party pays his or her own costs in legal proceedings regardless of outcome. This statute says that if a case warrants an exception to that general rule, then this is the amount that can be claimed.
Quick example: judge sides with plaintiff and says defendant must pay all costs. Plaintiff paid a process service $75 for service. Plaintiff can only get from defendant $26 plus the process server's mileage, which could be less than the $75 paid.
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