What is the fee that can be charged for the serving of a summons by mail with return receipt requested? ANSWER: There is no specific statute on this. But 21-6-104 says that officers can receive a fee similar to other services. It is more similar to service by telephone, see 21-6-503, and that fe

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK ATTORNEY GENERAL (501) 371-2007 OPINION NO. 86-60 March 19, 1986 Honorable Jay Bradford State Senator P.O. Box 8367 Pine Bluff, AR 71611 Dear Senator Bradford: This letter is written in response to your request for an official Opinion concerning the fee that may be charged for serving a summons by certified mail. Rule 4 of the Arkansas Rules of Civil Procedure was ‘amended to allow a party or the parties attorney of record to. serve a summons and complaint upon the defendant by mail with return receipt requested and delivery limited to the addressee or his agent. The Rule does not state what fee, if any, may be charged. If the summons and complaint was served by the sheriff the sheriff would be authorized to charge $15.00 for serving -- the. summons and $10.00 for the return. (See Ark. Stat. Ann. coe §12- 1722 (1985 Cumm. Supp.)). . “There | “4s not. a specific statute ‘that authorizes a fee - “gor. service. by mail. However, Ark. Stat. Ann, §12-1735 .- (Repl. 1979) states:. ; “tn, all cases where any officer.or other -- person -is required to perform any duty . for which no fees are allowed by any law, he .shall- be entitled to receive such pay as would be allowed for ‘similar services. . “it appears the attorney would. be authorized to charge a-fee that is allowed for similar services. The question . then - arises, -whether the service provided by the . sheriff: is. - » sufficiently | similar to allow the attorney to charge the o same fee as the sherif€. In my opinion it is not sufficiently similar. The sheriff would have to drive to the individual's home or place of business and physically serve the document on him. Such a procedure could be a time consuming task. Service by mail seems more analogous to service by telephone. Ark. Stat. Ann. §12-1723 (Repl. 1979) allows a sheriff or other officer to serve a summons by telephone. For service by telephone the officer is allowed to charge the amount actually paid by him for the use of the telephone plus an additional fifty cents (50¢) for each person summoned, Thus, it appears that an attorney could charge his client the actual cost of mailing the summons by mail plus fifty cents (50¢). The foregoing Opinion, which I hereby approve, was prepared by Assistant Attorney General Randel. K. Miller. Sincgrely, _SC/RKM/1jm