Centennial Bank v. Roddenberry

ORDER DENYING THE MOTION TO REDUCE THE MARSHAL’S FEE

ROBERT L. HINKLE, District Judge.

This case presents a dispute over the United States Marshal’s fee for conducting a foreclosure sale. The governing statute provides for a fee calculated as a percentage of the amount “collected” from the sale. The issue is this: when the creditor successfully bids a nominal amount from its underlying judgment, so that no funds are actually paid or collected, is the Marshal’s fee a percentage of the nominal amount (as the plaintiff contends) or a *1319percentage of the lesser of the judgment amount and the…