Frequently Asked Questions

• I have heard there was a Warrant out for my arrest. Can you tell me if this is true?
   

  If it is a Warrant for Arrest in a criminal matter, the police department would handle that service. The Sheriff would serve a civil capias, usually for failure to appear in a court or obey the courts directives. In both cases, neither the police department or the sheriff will provide this information over the phone. If you believe there is an outstanding warrant for your arrest, it is best to go to the nearest police precinct or the Sheriffs Office to inquire.

   
• I received a 72 Hour Notice to Vacate, but I filed a Motion to Rehear, so how do I make sure the Sheriff will not come out on the date of the scheduled eviction to put my property out?
   

  A motion to rehear does not stop an eviction process. There are a couple of remedies available to tenants. Therefore, the tenant should seek the advice of an attorney.

   
• I have received my judgment in court for the money owed me, why haven't I received my money?
   

  Obtaining judgment and enforcing judgments are two different actions. While the plaintiff may have won his case in court, it is up to the plaintiff to pursue collection remedies. The method of collection will vary according to each case and the assets and information available. One method of collecting your money is through the Writ of Fieri Facias Process. This is called a levy process. The Writ of Fieri Facias authorizes the Sheriff to levy (inventory) property owned by the judgment debtor which is later sold at public auction to recover the debt. This is a time consuming and sometimes costly process. If you know where the debtor works or where his bank account is located, you may ask the clerk of the court where you obtained judgment to issue a Garnishment Summons. This requires the third party debtor (employer or lending institution) to pay the money owed to the court who will later disburse any funds collected to the plaintiff.

   
• My neighbor was evicted yesterday and there is a mess in the yard. Who do I contact to get the mess cleaned up?
   

  Any property which is placed to the curb during an eviction process is the property of the tenant. It is considered theft to take that property once placed to the curb. If the property has been there for more than 24 hours, the neighbor should contact the Public Works Department of the city to arrange for disposal. This usually is the responsibility of the landlord.

   
• I found a paper posted on my door and the person doesn't live here. What do I do with the paper?
   

  It is important to understand that the Sheriff is not the only entity that serves processes. Private process servers are permitted to serve process. However, if you should find a process on your door for someone who doesn't live there, regardless of who may have served it, call the Court affecting the paper.

   
• A card was left on my door for my relative who doesn't live here. What is this all about?
   

  We are prohibited from discussing the process with anyone other than the person to whom it is issued.

   
• Why can't I come down to your office to pick up papers for my husband?
   

  The laws relating to service of process are specific. If the person to be served is a party to the suit, they must be served in person.