Marin — Civil Services

Source: https://marinsheriff.gov/services/civil-services

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Civil Services

The Civil Division of the Marin County Sheriff's Office provides a full range of civil services. This includes service of process for all civil documents and assistance in enforcement of judgment processes.

Service of Process

In order for our office to properly serve documents, we must have the following items:

Two copies of the documents (per defendant) to be served.

A completed SER-001, SER-001A, and/or WG-001 for each person or entity served. It must contain the following information:

Name of the person or business entity to be served, as it appears on the documents.

At least one address for service located in Marin County.

Any additional information that will assist in service.

Payment must be received at the same time documents are provided to us. A fee is charged per person(s) or business/entity to be served. We accept cash or check.

For general instructions on Civil Service, please click here.

For special instructions on Civil Service, please click here.

When requesting service it is important to pay special attention to time restrictions. If a court date is scheduled, the documents must be served within a specified number of days prior to the hearing. To help us serve you better, it is very important to identify the type of documents for service on your SER-001.

Marin County Civil Fee Schedule

Schedule – Effective January 1, 2024

Service of Summons and Complaint – $50

Service of Summons and Petition – $50

All Other Service of Process (California Courts) – $50

All Service of Process (Out of State Courts Notary Fee) – $15

All Service of Process (Out of State Courts) – $50

Bank Levies, Third Party Levies – $50

Bank Levy (Fee to Open Safe Deposit Box) – $170

Civil Warrants – Varies

Earnings Withholding Orders (Wage Garnishments) – $45

Evictions – $180

Evictions (Cancellation) – $50

Evictions (Re-Post) – $125

Keeper Levy (Initial Deposit) – $425

Keeper Levy (Subsequent Levies) – $300

Levies (Personal and Real Property) – Varies*

Personal Property Vehicle Levy (Initial Deposit) – $2,500

Till Tap – $125

What We Process and Serve

Earnings Witholding Orders

An Earnings Withholding Order (Wage Garnishment) is one of the most common ways to enforce (collect) a judgment.

Process

In order to process an Earning Withholding Order, we will need the following items:

An original and one copy of the Writ of Execution from the court

An original Application for Earnings Withholding Order (WG-001) which can be downloaded from the California Courts website

Fee payment of $45 must be provided to us for service

Service

We will serve the documents above and all other necessary documents to the employer or payroll office (CCP 706.101). The address must be in Marin County. A service packet will be provided for both the employer and the employee.

Evictions

We can not perform an eviction until the property owner or authorized representative obtains a court order. The standard court order is a Writ of Possession of Real Property (EJ-130). You may obtain all the forms needed to complete an Eviction from the California Courts.

Process

Please provide the following items to begin the eviction process:

The original Writ of Possession of Real Property and 1 copy

Eviction Instruction Form click here and for Special Instruction Form click here. Initial fee payment of $180 must be provided to us for service per address (Re-post fee is $125 per address)

Service

The first step is the service the five-day “Notice to Vacate”. The “Notice to Vacate” is either personally served on the occupant or posted at the eviction address with a copy mailed to the same address.

Once the the five-day notice has been posted/served, the Civil Deputy will notify the local contact person of the date and time of the restoration appointment. Our Civil Deputy will provide the local contact person with the “Eviction Restoration Notice.” The “Eviction Restoration Notice” describes the penalties for unlawful re-entry of the property. It also describes the rights and responsibilities of the property owner or authorized representative as to personal property left on the premises.

Evictions are contingent on the Civil Deputy’s availability and are carried out on weekdays only.

Levies

A Levy is one of the most common ways to enforce (collect) a judgment. There are many different types of Levies which the Sheriff can perform. The two most common are Bank and Third Party Levies. You may obtain all the forms required to complete a Levy from the California Courts website.

A Bank Levy may provide you with the amount of judgment in full; however the Levy is effective on the date of service only. If the entire judgment is not collected, additional Levies may be performed.

A Third Party Levy is commonly referred to as levying on the “debtor of the debtor.” The levy would be served on the person or entity that would be paying the judgment debtor. One example of a third party levy would be levying on monies owed to an independent contractor, commissions, bonuses, tips, etc.

For information on the Levies listed below, please contact the Civil Division:

Keeper Levy

Personal Property Levy (including vehicles)

Real Property Levy

Till Tap

Writ of Sale

Process

Tin order to process a Levy, we will need the following items:

An original and one copy of the Writ of Execution from the court

A letter of instruction containing:

For a Bank Levy

Name and address of financial institution

Name and address of judgment debtor

If known, account number with financial institution

If known, judgment debtor’s social security number

Fee payment of $50 must be provided to us for service.

For a Third Party Levy

Name and address of third party

Name and address of judgment debtor

Description of the property to be levied

If known, judgment debtor’s social security number

Fee payment of $50 must be provided to us for service.

For instructions, please click here.

For special instructions, please click here.

Service

We will serve the documents above to the person or entity at the address you provide (pursuant to CCP 701.030). The address must be within Marin County. After the documents have been served, a copy of the documents will be mailed to the judgment debtor.

Restraining Order

Process

A temporary restraining order must be issued by the court, and the restrained party must then be served. We will attempt service as long as we are provided with an address in Marin County. To ensure that all law enforcement agencies are aware of the order, we will also add the restraining order to the Restraining Order System via California Law Enforcement Telecommunication System (CLETS).

If you are able to serve the restrained party before we do, you must notify us, provide us with a copy of the Proof of Service and make sure to file the original Proof of Service with the court!

Types of Restraining Orders

We serve all of the restraining orders listed below. Additional information, as well as forms, can be found on the California Courts web site.

Domestic Violence Prevention

Elder or Dependant Adult Abuse

Civil Harassment

Juvenile

Workplace Violence

Service

A temporary restraining order is issued with a court date and must be served within a specified number of days prior to the hearing. The time frame for service will be indicated on the temporary restraining order.

For instructions, please click here.

For special instructions, please click here.

Fees

Fees are automatically waived for all Domestic Violence Prevention and Elder or Dependent Adult Abuse restraining orders. For all other types of restraining orders, we will not charge a service fee if the court has waived their filing fee. If the court filing fees are not waived, you will be required to pay the Sheriff’s service fee of $50.

Small Claims

To start the process you must file a Plaintiffs Claim and ORDER to Go to Small Claims Court (SC-100) with the court. If you are interested in additional information on Small Claims, please refer to the California Courts web site.

Process

When a Small Claims action is filed with the court, the plaintiff in the case must notify the defendant. A Proof of Service is the document that is filed with the court that shows the defendant has been notified. A Small Claims case can not be heard until the defendant has been served. Please refer to our Service of Process section for the necessary forms we need.

Service

Small Claims Hearings are scheduled no earlier than 20 days and no later than 70 days from the date that it is filed (CCP 116.330). At the time the hearing is scheduled, we recommend you request the maximum number of days allowable. The additional time is necessary to ensure service within the following time frames (CCP 116.340):

IN COUNTY – If the defendant lives in the same county that the action was filed, the defendant must be personally served at least 15 days prior to the court date. For substituted service, the documents must served at least 25 days prior to the hearing.

OUT OF COUNTY – If the defendant lives in a county other than where the hearing was ordered, the defendant must be personally served at least 20 days prior to the court date. For substituted service, the documents must be served at least 30 days prior to the hearing.

Fee payment of $50 must be provided to us for service.

For instructions, please click here.

For special instructions, please click here.

Alternatives to personal service

It is our policy to use substituted service when we are unable to serve the defendant personally. This allows us to serve a competent adult living at or in charge of the residence, business, or location where the defendant regularly receives mail. When substituted service is used, we will mail a copy of the documents to the defendant at the location of the substituted service [CCP 415.20 (A) and (B)]

An established P.O. Box with the U.S. Postal Service is exempt from substituted service. If this is the only address you have, the court may serve the claim via certified mail [CCP 116.330, sub-section (b)(1)].

Civil Division FAQs

What is the address of the Civil Division?

Marin County Sheriff's Office

Documentary Services / Civil Division

1600 Los Gamos Dr. #200

San Rafael, CA 94903

How do I look up California Code?

Most California Codes can be viewed in the California law section of the Official California Legislative Information website. The primary area for civil actions can be found in the Code of Civil Procedure. The Government Codes regulate the fees that we may charge.

What is a proof of service?

When legal action is brought to the court, the plaintiff in the case must notify the opposing party. A proof of service is the documentation to the court that the defendant or opposing party has been notified. Adherence to the laws governing service is very important to the ensuing legal action. If the opposing party does not receive proper service, the court cannot impose a permanent order or judgment.

What is substituted service?

Substituted service can only be used where permitted by law. If substituted service is available, the documents will be left with a competent adult living or in charge at the address for service. If due diligence applies, substituted service is generally performed after two or three attempts to personally serve. We recommend substituted service to ensure that the documents are served.

Do I have to file the Proof of Service with the court?

For Small Claims and Restraining Orders that were filed with the Marin County Court, we will file the Proof of Service with the court. For all other documents, the original Proof of Service will be returned to you for filing with the appropriate court.

How many times will you attempt to serve someone?

For civil documents with a court date, we will adhere to the legal requirements for service.

Why were you unable to serve my documents?

There are three main reasons that we were unable to serve documents:

The service address was incorrect or incomplete

The address information is not current (person or business has moved)

We were unable to contact the person or entity to be served

What do I do if you are unable to serve my documents?

We will provide you with an Attempt Service Return. This will explain why we were unable to serve the defendant, as well as the dates and times of each attempt. Depending on the type of court document, you may either reset (small claims) or have the order reissued (temporary restraining order). Contact the Civil Division of the Marin County Superior Court for more information.

Is the Marin County Sheriff’s Office the only entity that can serve my documents?

No, you have two other options. The first option is to have someone you know serve the papers for you. This individual must be over eighteen and not an involved party. The second option is to hire a registered process server.

Can the Sheriff’s office research the address of the individual I need to have served?

No, we do not offer this service.

Earnings Withholdings Orders FAQ

After an Earnings Withholding Order has been served, how will I be notified?

The Employer’s Return is usually completed by the payroll representative and contains the status of the earnings/wages for the employee. We will mail you a copy once the completed Employer’s Return is received.

When is the employer required to return the Employer’s Return?

The employer has 15 days from the date we served the Earnings Withholding Order packet to complete and return the Employer’s Return to the Civil Division of the Marin County Sheriff’s Office. If we do not receive an Employer’s Return, it is up to the creditor to contact the employer to obtain more information.

What percentage of my earnings can be deducted to pay my Earnings Withholding Order?

The maximum that can be deducted is 25% of an individual’s disposable (net) income.

An Earnings Withholding Order (wage garnishment) has been brought against me; however I am unable to pay the full 25%. What are my options?

You can file a Claim of Exemption outlining existing financial responsibilities, and the amount that you can pay each pay period. You will need to complete and file an original and two copies of the Claim of Exemption (WG-006) and Financial Statement (WG-007) forms with the Marin County Sheriff’s Office for processing.

I received a final payment letter for my employee’s Earnings Withholding Order, however the amount owed is more than the original amount due (line 2 on the Earnings Withholding Order). Why?

The amount shown on the Earnings Withholding Order is the amount due at the time the documents were processed. In addition to the amount shown, daily interest and a $15 disbursement fee per check processed are applied. For further information on the disbursement fee, refer to GC 26746.

I have filed bankruptcy, how does this affect my Earnings Withholding Order?

We will need the following information: the location of the court where the bankruptcy petition was filed, the bankruptcy court case number, and the filing date. This information can be found on the face page of the voluntary petition or Notice of Bankruptcy Case Filing and can be faxed, mailed, or hand delivered to us. We will notify your employer to stay withholding. The filing of the bankruptcy stays all actions until the bankruptcy is concluded. The creditor will also be notified of the bankruptcy filing.

Can my employer deduct a check processing fee for the garnishment check?

Yes. Pursuant to CCP 706.034, an employer may deduct one dollar and fifty cents ($1.50) for each check issued for an Earnings Withholding Order.

How long is a civil judgment good for?

A civil judgment is good for ten years. However, pursuant to CCP 683.120 and 683.130 this may be extended through the court prior to expiration for an additional ten years.

Evictions FAQ

What are my responsibilities as a landlord?

A complete guide of your rights and responsibilities can be downloaded from California Department of Consumer Affairs Landlord-Tenant packet website.

When can the Sheriff’s Office become involved in an eviction?

We cannot become involved until the court has issued a judgment, and you have a Writ of Possession of Real Property (EJ-130). For assistance with the process prior to the issuance of the Writ of Possession of Real Property, we encourage you to contact Legal Self-Help, an attorney specializing in evictions, or the yellow pages for eviction services.

When are evictions performed?

Evictions are contingent on the Civil Deputy’s availability.

Will a deputy use force to gain entry to a residence in the course of an eviction?

No, it is the property owner or authorized representative’s responsibility to gain entrance to the residence.

Levy FAQ

After a levy has been served, how will I be notified?

A Memorandum of Garnishee completed by the garnishee will be mailed to you with the status of the levy/attachment indicating what we have received.

How long does the garnishee have to complete and return the Memorandum of Garnishee?

The garnishee has 10 days to complete and return the Memorandum of Garnishee to the Civil Division of the Marin County Sheriff’s Office.

I would like to oppose a levy imposed against me. What can I do?

You have 15 days from the date of the mailing of the Notice of Levy to file a Claim of Exemption. You will need to complete a Claim of Exemption (EJ-160). The Financial Statement (EJ-165) is optional; refer to box7 on the Claim of Exemption. The forms can be downloaded from the California Courts web site. An original Claim of Exemption and (if applicable) the Financial Statement, plus two copies should be submitted to our office.

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