Colusa — Civil Service Process Guide

Source: https://www.countyofcolusaca.gov/DocumentCenter/View/17081/Civil-Service-Process-Guide

COLUSA COUNT SHERIFF’S DEPARTMENT CIVIL DIVISION 929 Bridge Street Colusa, CA 95932 (530) 458-0227

BASIC CIVIL SERVICE PROCESS / WHERE TO OBTAIN ASSISTANCE

The Civil Division serves Civil process as prescribed by law. Civil process includes summons and complaints, small claims documents for a civil lawsuit, restraining orders, bench warrants and any other notice or order from the courts. We also levy on wages, bank accounts, vehicles or any asset of the judgment debtor, and carry out enforcement of evictions.

All service documents must include a letter of instructions to the Sheriff, additional copies of documents as required or necessary, and a fee for carrying out the service. Fees will apply for each person to be served. Service requests and documents will be returned to the requestor without required fees, with a proper letter of instructions, and/or without the required service documents. A letter of instruction must be signed and dated by the plaintiff or the plaintiff's attorney in the matter. No other person can sign a letter of instructions. A service request will be rejected unless the letter of instruction includes the required signatures.. The sheriff's civil division does not provide photocopying services for service documents. Please provide sufficient copies of the documents for service and for your own file. At minimum, the Civil Division will require a copy of the document for service and an identical copy for the Civil Division’s own file. Certain levies, processes, and sub-service requests require more than two copies. Contact the Civil Division for these requirements. Fees will be required unless there is a fee waiver order from the court or if a statutory exemption exists for those requiring those fees (such as with domestic violence restraining orders).

Most sheriff service fees are $50 per service. Summons & Complaints and Summons & Petitions are $50 per service (including a Summons & Complaint – Unlawful Detainer, which is also $50). Evictions are $180. Earning Withholding Orders are $45. Bank Levies are $50. Please call the Civil Division concerning the fees and deposits required for other less typical levies or services.

A person who is over the age of 18 and not a party to the action may also serve most legal process. Registered Process Servers are also available to serve process and can also serve some types of levies. However, a Registered Process Server must still open a levy file with the sheriff and the appropriate sheriff fees must still be submitted. A Deputy Sheriff must serve bench warrants, restraining orders, evictions, and handle major levies and sales for real and personal property.

The Civil Division will attempt to process service requests as promptly as possible. However, the Civil Division is required to process numerous service requests and can become backlogged. The Civil Division must handle these cases on a “first come, first serve” basis. Certain types of service requests however, such as restraining orders, will get bumped up to the top of the processing order. The Civil Division cannot guarantee when or if service will be made but will use "due diligence" in attempting to make the service. Due diligence is usually accomplished by a minimum of three (3) service attempts, on different days, at different times. If service has been made, the Civil Division will prepare a “Proof of Service” document. The Proof of Service must usually be filed with the court by the plaintiff, unless the letter of instructions directs that the Proof of Service be mailed / submitted directly to the court. If, after due diligence, service is unable to be made on the process, a (Non) Proof of Service document will be prepared by the Civil Division and mailed to the plaintiff or their attorney.

For help with any legal questions that you may have, or legal assistance, please contact an attorney. The Civil Division cannot provide legal advice! For assistance with obtaining necessary legal forms or in filing legal documents, contact the local courts having jurisdiction in your matter. Some locales have Legal Self Help Centers for legal assistance. For family law, domestic violence restraining orders, or other assistance contact your local Family Law Court Facilitator's office or local Victim Witness Assistance program.

• For free online assistance for self-represented litigants, this site provides easy to follow, step-by-step instructions on
how to complete you legal matter from start to finish. The website is located at https://selfhelp.courts.ca.gov/

• For access to required court forms you may need go to https://www.courts.ca.gov/

• For persons whose income and assets are below certain guidelines the local California Rural Legal Assistance, Inc.
(CRLA) is available to residents of Yuba, Sutter, and Colusa Counties. The CRLA can assist you with a variety of civil
matters, specializing in employment, housing, education, health and civil rights issues. The CRLA offers a range of
services from advice and referral to representation in litigation. The CRLA is located at: 511 D Street, Marysville CA
95901. CRLA's telephone number is (530) 742-5191.