Mercer County Civil Process


Mercer County Sheriff's Department Mileage Chart ($.50/mile)-$8.50 Minimum Charge














Golden Valley



Pick City



Rural County

Actual Mileage Round trip from Stanton to location of Service


Mercer County Civil Fees Effective July 6, 2021 Ref: N.D.C.C. 11-15

1. Service of Levy and Execution, including Special Execution, to one person $80.00 and Subsequent service of same is an additional $30.00 per service plus mileage (see mileage chart).

2. For serving a summons, writ of attachment, writ of execution, subpoena, Small Claims, Evictions, notice of motion, or other notice or order of the court, order of replevin, injunction order, citation, or any other mesne process and making a return thereon, in addition to the actual incurred costs of postage and long-distance telephone calls a total of Thirty ($30) dollars for each person served plus mileage. Any Subsequent service of the same process is an additional $30.00 each plus mileage. (see mileage chart).

One original and one copy (or two copies) of the paperwork to be served is required.

3. Execution Sale (foreclosure) - When the plaintiff is the winning bidder, fees are as follows: $50 service of the Writ of Execution/Levy; $20 Publishing of Notice of Sale; $75 County Commission; $75 Allowance to Sheriff on an Execution Sale for a total of $220.

4. Successful third-party bids on a foreclosure sale requires payment in full within two hours or as the time directed by Officer conducting Sale. Payment shall be in the form of cashier's check(s)- (amount to the plaintiff, sheriff's fees, overage to the court).


5. For making a return of not-found, for taking and filing a bond in claim and delivery or any other undertaking to be furnished and approved by the sheriff, thirty dollars plus, mileage (see mileage chart).


6. For making a copy of any process, bond, or paper, other than as is herein provided, two dollars per page.


7. For levying or executing any writ, fifty dollars.


8. For calling an inquest to appraise any goods and chattels that the sheriff may be required to have appraised, twenty-five dollars, and each appraiser is entitled to receive one hundred dollars to be taxed as costs.


9. For advertising a sale by means of a sheriff's notice of sale, in addition to any publishing fees, twenty dollars.


10. For making a deed to land sold on execution or under an order of sale, twenty dollars.


11. For issuing a certificate of redemption when property has been redeemed from a sale under execution or upon the foreclosure of a mortgage, twenty dollars.


12. For selling real or personal property under foreclosure of any lien or mortgage, seventy-five dollars.


Commissions collected by sheriff.

1. Except as provided in section 11-15-09, the sheriff is entitled to collect commissions on behalf of the county on all moneys received and disbursed by the sheriff on an execution, order of sale, order of attachment, requisition in claim and delivery, or decree for the sale of real or personal property as follows:

a. On the first one thousand dollars, seventy-five dollars.

b. On all moneys in excess of one thousand dollars, two percent for personal property and one percent for real property.


2. Except as provided in subsection 3, if no sale is held under subsection 1, the sheriff may not collect a commission.


3. If personal property is taken by the sheriff on an execution, under a requisition in claim and delivery, or under a writ of attachment and applied in satisfaction of the debt without sale, the sheriff is entitled to collect the commission specified in subsection 1 Page No. 2 based upon the appraised value of the property. The sheriff shall deliver the commissions to the county treasurer under section 11-15-14.


11-15-09. Allowances when plaintiff bids in property at sale.

When the person in whose favor an execution or order of sale has been issued by the court bids in the property sold under the execution or pursuant to the judgment, the sheriff or other person making the sale shall collect on behalf of the county either of the following fees, and no more:

1. When the amount for which the property is bid on does not exceed one thousand dollars, forty dollars.

2. When the amount for which the property is bid on exceeds one thousand dollars, seventy-five dollars.