§ 62.062.Compensation of Officer

The officer’s pay for work the ordinary fee schedule does not cover.

An officer who retains custody of sequestered property is entitled to just compensation and reasonable charges to be determined by the court that issued the writ.

The entitlement is necessary because of the duty. Prudent management of livestock, machinery or a going concern is real work over a real period, and no standard fee anticipates it.

Two things are recoverable: compensation and charges. The first is for the officer’s time; the second for what the custody costs — feed, storage, security, maintenance.

Both are set by the court that issued the writ, which is the court with the case and the one that can judge what the custody involved.

Judicial determination also protects against overreach. An officer holding property the parties need has considerable leverage, and a court fixing the figure removes it.

The compensation and charges shall be taxed and collected as a cost of suit.

That places them in the ordinary costs order, so they follow the outcome like other costs rather than falling on whoever the officer chooses to pursue.

The practical consequence is worth noting for both parties. A long sequestration of expensive-to-keep property generates costs that the losing side will bear, which is a reason for either side to seek an early resolution.

The following section adds a self-help remedy for money already spent, allowing the officer to hold the property until repaid by a party seeking to replevy.