Q Is the constable or sheriff entitled to receive the fee tendered after an unsuccessful attempt to serve the intended recipient?

A If the person is acting in his role as constable, he is not entitled to a fee for a diligent attempt to serve process if the constable is unable to serve the process. However, sheriffs are required to charge thirty-five dollars ($35.00) for “service or attempted service” of process after two (2) unsuccessful attempts pursuant to Section 25-7-19. (Attorney General’s Opinion to White, March 15, 2019)