Civil Process
This
division handles the service and execution of court documents and
processes. The civil division ensures that all processes are served in
a timely manner.
Examples of Duties
- Receives legal process documents and instructions for service to litigants.
- Locates
witnesses, makes positive identification of person being served and
serves: court orders, writs, subpoenas, summons and notice of hearings.
- The
civil division is staffed by 2 part time deputy/civil process servers
and a secretary. The position of Deputy Sheriff/Process Server is
distinguished from Deputy Sheriff in that this is a civilian class that
does not perform the variety of law enforcement duties. Sheriff Dean Shatney oversees this division.
Civil Process Fees
Fees
charged by the Sheriff’s Office for different types of civil process
functions are established by the Court Administrators Office.
Deposits
- In
order to expedite service and keep the cost of service to a minimum,
some information will be helpful to this Office. We need to know the
exact location of the Defendant. A Post Office Box Number or RFD
address is not sufficient. We will not research an address for you.
- Our
office has a sliding deposit requirement for service (see below). The
actual cost for service is $50.00 for each person served. The mileage
rate is dependent on the GSA mileage rate, which at this time is $.51
per mile. Any overpayment will be returned to you. If we have exhausted
the deposit, you will be billed for the additional amount owed to the
Office. Payment is expected within 30 days of the date of billing. If
you do not provide enough of a deposit, you will be contacted for the
balance. Any refund under $1.00 will not be refunded and any billing
that is under $1.00 will not be billed.
Deposit Requirements
There is a $75.00 deposit required.
Summons & Complaint
- If
a plaintiff desires the Sheriff’s Office to serve a summons and
complaint in a Civil Court action, the plaintiff should provide the
Sheriff’s Office with the original summons and a copy of the summons
and complaint for each defendant in the action.
- The
Deputy Sheriff/Process Server will serve the copy and return the
original summons, along with a Return of Service to the plaintiff. The
Civil Division will also file the original with the Court.
Subpoena
- Subpoenas can be obtained through the courts where the action was filed.
- An
original and a copy for service must be given to the Sheriff’s Office.
Following service, the original subpoena will be returned to the Court
by the Sheriff’s Office and the plaintiff will receive a copy. A
subpoena can be served upon the named person or left with someone of
“suitable age and discretion” who resides at the same address.
Orders Against Trespass
Orders
Against Trespass are completed by the plaintiff in a matter and can be
served by either Certified Mail (return receipt) or by the Sheriff’s
Office. An Order Against Trespass is only effective once it has been
delivered by postal mail (with return receipt) or served by the
Sheriff’s Office and proof of service is provided to your local law
enforcement agency.
Writ of Execution/Possession
Writs
of Execution and Writs of Possession are orders issued by the courts
directing the Sheriff to satisfy a judgment. The orders may be for
personal or real property.
Download Civil Process guidelines (PDF)
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