Modoc — Civil Unit

Source: https://www.countyofmodoc.gov/735/Civil-Unit

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Civil Unit

As of January 1, 2024, the State is requiring each County Sheriff's Office to use the approved letter of instructions for Civil Paperwork. Before bringing in paperwork to be served, please fill out a SER-001 form. The SER-001 is a five-page form and the person delivering the paperwork to the Sheriff's Office must be filled out in it's entirety. There is also an additional form SER-001A that is for people that are serving a writ, this will include Evictions, Wage Garnishment, and Bank Garnishments.

The required documents are attached to the left

The goal of the Civil Unit is to serve all process requests in a reasonable and timely manner, while maintaining an impartial position between all parties involved. There are multiple types of processes with which the Civil Bureau is involved.

The majority of procedures and laws governing the service and execution of civil process are covered in the California Code of Civil Procedure (CCP). The law requires that all processes brought to the Sheriff for service must be valid on its face, issued by a competent authority, and accompanied by adequate legal written instructions. The instructions must state the process to be served, the person or entity to be served, the location for service, and be signed by the attorney of the party or by the party, if he has no attorney. Also, there are time restrictions regarding the service and enforcement of various types of civil processes that must be followed. The fees for service of process are set in accordance with the California Government Code, 26720 et.seq.

Processes served by the Civil Unit include, but are not limited to:

Subpoenas

Evictions

Writ of Sale

Bank Levy

Restraining Orders

Writ of Attachment

Writ of Execution

Civil Bench Warrants

Writ of Possession

Earnings Withholding Order

Other Orders or Notices as directed by the court

Civil forms can be found by going to the California Courts Judicial Branch.