American Credit Bureau v. Pima County

OPINION

HATHAWAY, Judge.

On July 7,1971, appellees, three collection agencies, brought this class action. They sought a declaration that A.R.S. § 11 — 445 does not allow the sheriff or constables to charge mileage fees in unsuccessful attempts to serve civil process, 1 an injunction permanently restraining and enjoining appellants from making such charges, attorney’s fees and an accounting for and refund of fees thus levied and collected.

Partial summary judgment was entered on April 3, 1975, interpreting A.R.S. § 11-445 to preclude the sheriff and constables from charging mileage fees unless…