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1. What is the most common service performed?

The most common service is the Summons and Complaint. These are usually the beginning of a civil suit involving 1 party suing another for unpaid services provided to the Defendant.

2. Does the Civil Process Division serve other civil papers such as rent notices, notices to vacate, personal undeliverable mail, etc?

Yes. View other Civil Process responsibilities and fees.

3. What is the advantage of having the Sheriff’s Office serve civil papers versus other agencies?

We provide a Certificate of Service for all civil papers served. The serving deputy may be issued a subpoena to testify in court as to the service. We also have a wide variety of resources available to assist us in locating individuals for service.

4. Are there fees associated with the process of service?

Yes. There is a service fee, unless a court order is being served. The fees for service are $35 plus mileage. Mileage costs start at $7.17 and increase based upon distance from the Clay County Courthouse.

5. What is the process for removing a tenant who has violated the conditions of their lease?

The first step: the landlord (plaintiff) must present the tenant (defendant) with a written notice stating the reasons for the notice and a time period within which the tenant must reply or act.

The second step: apply for an Eviction Summons and an Eviction Complaint. This process is the first step in a legal action against the tenant. The Summons portion of the matter is the court date when both parties must appear to present their case for the judge. The Eviction Complaint states the specifics of the action, i.e., non-payment of rent, lease violations, criminal activity, etc. Once hearing both sides, the judge will make a ruling.

The third step: with the ruling for the tenant, the tenant will stay. If the ruling is for the landlord, a Writ of Recovery will be issued. The plaintiff presents the Writ of Recovery to the Sheriff’s Office for service. Once the Writ has been served or posted upon the premises, the tenant has 24 hours to remove their belongings and leave the premises. The Sheriff’s Office will remove a tenant at this point if they do not comply.