§ 8-322. Costs

   (a) Amount of costs. --

   (1) The costs charged in actions of distress shall be as provided in this section.

   (2) If the amount of rent distrained for is $ 500 or less, the cost for a petition for distress is $ 10 regardless of the number of defendants to be served at the leased premises.

   (3) If the amount of rent distrained for exceeds $ 500, then in addition to the costs of paragraph (2) of this subsection, $ 5 shall be charged for each additional $ 500 or a fraction of $ 500 of rent distrained for.

   (4) The charge for each defendant to be served at an address other than the leased premises is $ 2.

   (5) The cost of any reissue of summons for a defendant is $ 2.

   (6) If the distress leads to an actual sale of property, the officer may charge and collect a poundage fee not less than $ 3 or more than $ 500, computed on the sale price of the personal property sold, as follows:

      (i) 3 percent of the first $ 5,000 of sale price;

      (ii) 2 percent of the second $ 5,000 of sale price; and

      (iii) 1 percent of any portion of the sale price over $ 10,000.

   (7) For filing and serving a petition on one other party or claimant, the officer may charge and collect $ 2. There is a $ 2 charge for service on each additional person whether party, claimant, or attorney of record.

   (8) Actual costs of sale, including publication of notice of sale, auctioneer's fees, cost of removal, storage of goods pending sale or for sale, and cost of returning unsold goods to the premises after sale shall be charged.

(b) Time of payment. -- Filing costs shall be paid at the time of filing the action, and other costs at the time of filing subsequent petitions. The award and distribution of costs are in the discretion of the court.

HISTORY: An. Code 1957, art. 21, § 8-321; 1974, ch. 12, § 2; 2002, ch. 19, § 10; 2009, ch. 60, § 5.