Legal Definitions - plowman's fee

A plowman's fee is a historical legal term referring to a small, customary payment made to a sheriff or other court officer for their services in executing a writ of execution. This fee compensated the officer for the effort and expenses involved in seizing and selling a debtor's goods to satisfy a judgment, particularly when the value of the goods or the amount of the debt was relatively small. It acknowledged the officer's trouble even when the recovery was minimal.

• Example 1: A local artisan owed a small sum to a supplier. After a court judgment, the supplier obtained a writ of execution, instructing the sheriff to seize assets. The sheriff visited the artisan's workshop and seized a few low-value, non-essential tools.

  Explanation: In this situation, the "plowman's fee" would be the modest charge paid to the sheriff for the time and effort expended in traveling to the workshop, identifying and seizing the tools, and preparing them for sale, even though the value of the seized items was not substantial. It ensures the sheriff is compensated for performing their duty despite the small scale of the recovery.

• Example 2: A landlord secured a court order for a tenant to pay a small amount of overdue rent. When the tenant failed to pay, the landlord requested the sheriff to levy on some of the tenant's personal property. The sheriff seized a few items of used household furniture, which had limited resale value.

  Explanation: Here, the "plowman's fee" would cover the sheriff's administrative costs and labor for executing the levy on the furniture. Despite the low market value of the seized goods, the sheriff still had to perform the duties of identification, seizure, and eventual disposal, and this fee acknowledges that effort.

• Example 3: A small business obtained a judgment against a customer for a minor unpaid invoice. To enforce the judgment, the business requested a writ of execution, leading the sheriff to seize a piece of old, non-essential office equipment from the customer's premises.

  Explanation: The "plowman's fee" would be the customary charge for the sheriff's services in carrying out this execution. It compensates the officer for the logistical effort and time involved in locating, seizing, and preparing to sell the equipment, even if the proceeds from the sale might only slightly exceed the costs of the execution itself.