(1) Constables may for their own use collect as compensation in civil matters the same fees as those specified for sheriffs in Section 17-22-2.5.
(2) Constable fees that exceed the amounts in Section 17-22-2.5 are recoverable: (a) by the constable only if he has received prior approval for the increased fee from the party requesting the service; and (b) by prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.
(a) by the constable only if he has received prior approval for the increased fee from the party requesting the service; and
(b) by prevailing party as a cost of the action only if the court finds the service and increased fee are justifiable.
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