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Deputy Fitzgerald
Civil Deputy
The Civil Unit is part of the Support Services Division and is charged
with the processing of civil process as prescribed by law. It is the
goal of the Civil Unit to serve all received process in a reasonable
and timely manner while maintaining an impartial stance between all
parties involved or having an interest in a case. The civil process
includes summons and complaints, small claims documents for a civil
lawsuit, restraining orders, and any other notice or order from the
courts. The civil unit is also charged with placing a levy on bank
accounts, wages, vehicles, or any asset of the judgment debtor. All
documents submitted must include a letter of instruction(s) to the
Sheriff and a fee for the service (Per CCP 262).
Hours of Operation:
The normal hours of operation are Monday through Friday, 8a.m. to 4:30 p.m.
If you need your documents served in the evening or on weekends, we
recommend that you contact a private process server. We will however,
attempt service on restraining orders brought in during normal business hours.
General Service Information:
All documents must be accompanied by a letter of instruction(s), signed and
dated by the attorney of record or the plaintiff if there is no attorney. The
instructions must include the name of the person to serve and the address where
service is to be made. You may give more than 1 address as long as all addresses
are within Sutter County. A wage levy requires an application for earnings
withholding order instead of a letter of instruction. The applications are available
in our office.
We require a copy of the document, front and back, for each person to be
served plus an additional copy for our file. For levies and evictions we
require the original writ of execution plus 3 copies, front and back. Please
include more copies if you have more than 1 levy. All documents must be
accompanied by the appropriate fee or an order waiving the fees signed by a
judge.
All fees are per service. Two defendants equal two services even if they
are at the same address, therefore, you would be charged for each service.
Types of Service & Levies
- Summons and complaint
- Summons and Petition
- Claim of Plaintiff
- Order of Examination
- Order to Show Cause
- Temporary Restraining Order
- 3 Day after or 30 Day Notice to Quit
- Subpoena
- Other orders from the Court
Levies
- Earnings Withholding Order (wage levy)
- Earnings Withholding Order (support)
- Bank Levies
- Third Party
- Vehicles
- Till Tap
- Keeper (8, 12, 24 hours)
- Writ of Attachment
- Real Property or Personal Property
- Writ of Execution
Sales
- Personal Property
- Real Property
Fee Schedule (Sheriff’s Department fees per Government Code):
- Summons, Small Claims, Order to Appear, Order to Show Cause, Miscellaneous Papers-$30.00
- Summons and Complaint-$35.00
- Summons and Petition- $30.00
- Summons and Complaint Unlawful Detainer-$30.00
- 8-Hour Keeper-Levy on Business-$205.00
- Levy and Sale of Vehicle-$1000.00 deposit to cover costs incurred
- Levy and Sale of a Place of Business-contact office for a quote of costs
- Levy on Personal Property-(Claim and Delivery)-contact office for quote of costs
- Till Tap-$85.00
- Earnings Withholding Order (wage levy)-$30.00
- Affidavit of Identity-$30.00
- Evictions (writ of possession)- $125.00
- Eviction-repost-$ 30.00
Additional
Charges
Pursuant
to Government Code Section 26748 we will collect for additional costs if the
service of your process requires, in our judgment, to use a number of personnel
beyond the norms listed below. In some circumstances we may determine that
vehicle mileage or other components of the service are extraordinary and will
therefore advise you of these costs.
Section
26746 of the Government Code (AB1109, Chapter 1330) provides for a $10.00 assessment
to be collected from the judgment debtor on each disbursement of money (paid
to a judgment creditor) collected under a Writ of Attachment, Execution, Possession,
or Sale; excluding all child support obligation action by the District Attorney's
Office.
Sales
There
is no mailing list for auctions. The sale notices are posted in our office,
on the bulletin board. Real property sales are also published in the local
paper.
To bid
on personal property at a Sheriff's Sale, including vehicle levies, you will
need $2500.00 or 10% of the bid, whichever is greater. For real property you
will need $5000.00 or 10% of the bid, whichever is greater. If you are bidding
less that $2500.00 on personal property or $5000.00 on real property we will
need the full amount. Payment must be made immediately upon the acceptance
of the bid and must be paid with either cash cashier's check made payable
to the sheriff. We cannot accept personal or business checks. If you pay the
10% deposit, you have 10 days to pay the balance, also in cash or with a cashier's
check.
Evictions
After
judgment has been rendered by the court, the court will issue you a writ of
execution. We require the original writ plus 3 copies of the writ of execution,
and a letter of instructions. The letter of instructions must be signed by
the attorney of record or plaintiff if there is no attorney. No one else may
sign the instructions. A fee of $125.00 is also required. We normally post
a 5-day notice to vacate the day after we receive the writ. We will contact
you or your agent, to schedule an appointment to meet us at the property for
the eviction. Be prepared to provide the officer entry to the premises. Generally
a locksmith, passkey, or other means of accomplishing entry is used. The officer
will remove the defendants if they are present and post a restoration notice
to the front of the property. After the office has enforced the eviction and
returned possession of the property to you, please contact you local law enforcement
agency non-emergency phone number to report any violation by the former tenant.
Wage
Levies
When
a wage levy is served, the employer has 15 days to send us an answer stating
whether they are or are not going to honor the levy. Please allow at least
30 days for receipt of your copy. If the creditor does not receive an answer
from the employer, the creditor should contact the employer, not the Sheriff.
The employer is not to withhold any monies prior to ten days after the levy.
After the 10 days have expired, they are to withhold funds from the next pay
check and forward them to the Sheriff. It is not unusual for it to take at
least 60 days for the creditor to receive the first payment from the Sheriff.
The employer is to withhold funds and forward them to the Sheriff until the
levy has been satisfied or released. To release a levy we will need a letter
from the attorney or plaintiff if there is no attorney or an order from the
court. The sheriff's fee is automatically added to the levy.
Bank
Levies
Bank
levies are valid only for the monies that are in the bank account at the moment
the bank receives the levy. The bank will send us an answer, in approximately
10 days, stating the amount of funds, if any, that were withheld. We will
send the creditor a copy of that answer. If you do not receive a copy of the
answer within approximately 30 days, please contact the bank, not the Sheriff.
The Sheriff's fee is automatically added to the levy
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