| SHERIFF’S SERVICE INSTRUCTIONS |
| Added April 12, 2013 |
Out of a concern for deputy safety the San Diego County Sheriff’s Department has revised their service
instruction forms, including the implementation of a new instruction specifically for evictions. The
forms were revised to allow for additional deputy safety information.
Eviction Service Instructions (C-1UD): This is a new instruction specifically for eviction services.
All items must be completed on the instructions and failure to complete all items may result in a delay
in processing of the eviction. Use of the new Eviction Service Instructions (C-1UD) will be mandatory
effective Monday, April 22, 2013 and no other form of instruction will be accepted for eviction services.
Restraining Order Service Instructions (C-1A): The Officer Safety Information section of the instructions
was revised to allow for the collection of a larger volume of officer safety information. Use of the
revised Restraining Order Instructions (C-1A) is mandatory effective immediately and no other form of
instruction will be accepted for Restraining Order services.
Document/Levy Service Instructions (C-1): An Officer Safety Information section was added to the Document
Service side of the C-1 service instructions to allow for the collection of any officer safety information.
Use of the revised Document/Levy Service Instructions (C-1) is mandatory effective immediately and no other
form of instruction will be accepted for document services.
All of the service instructions are available under the Court Services Forms header on the right side of
this webpage.
|
| ATTENTION PROCESS SERVERS |
Effective April 29, 2013 all new RPS services will be administered through the San Diego Civil
office only.
New RPS services for existing files in the Chula Vista, El Cajon, and Vista Civil Offices will still be processed
through the office where the existing file is maintained.
The Electronic/Non-Electronic Writ Declaration is to be included when the RPS service is "closed."
See the Electronic/Non-Electronic Writ Declaration notice below to determine when use of the declaration
is required.
|
| ELECTRONIC/NON-ELECTRONIC WRIT DECLARATION |
Effective March 18, 2013, the San Diego County Sheriff's Department will begin
accepting electronically-issued writs. To facilitate the acceptance of
electronically-issued writs, the San Diego County Sheriff has implemented the
mandatory use of an ELECTRONIC/NON-ELECTRONIC WRIT DECLARATION form. This
declaration is mandatory and must be provided when submitting any of the
following:
- An ORIGINAL electronic writ not already in the possession of the San Diego
County Sheriff’s Department.
- A COPY of an original electronic writ already in possession of the levying
officer.*
- A COPY of a non-electronic writ already in possession of the levying
officer.*
- * The levying officer file number must be provided when submitting a copy of
any writ already in the possession of the levying officer.
The Electronic/Non-Electronic Writ Declaration can be found under the Court Services Forms header on the right side of this page. →
|
IMPORTANT MESSAGE ABOUT CIVIL PROCESS SERVICE
The San Diego County Sheriff’s Department has discontinued service of all non-enforcement
types of civil processes.
Non-enforcement civil process can be served by
anyone over the age of 18 who is not a party to the action or by a
registered process server. You may locate a San Diego County registered process
server by searching for "attorney support services" or "process serving" in
a telephone directory or search engine.
Service of non-enforcement process will still be made where a California
court has ordered a waiver of fees for the party requesting service.
A certified copy of the order indicating that it applies to Sheriff's
fees is required when submitting the process for service.
Civil process no longer served after January 2, 2009:
▪ Citations
▪ Landlord Notice (Eviction Letter)
▪ Order to Show Cause
▪ Subpoena - Civil
▪ Claim & Order to go to court (Small Claims)
▪ Notice of Motion
▪ Out-of-State process
▪ Summons & Complaint (or Petition)
▪ All other NON-ENFORCEMENT process not listed.
Civil process service continuing after January 2, 2009:
▪ Restraining Orders
▪ Order for Examination or Appearance
▪ Warrant of Attachment (Civil Bench Warrant)
▪ Subpoena - Criminal or Juvenile (only)
▪ Subpoena duces Tecum
▪ Writ of Possession - Real Property (Eviction)
▪ Writ of Possession - Personal Property
▪ Writ of Possession - Claim and Delivery
▪ Writ of Sale
▪ Writ of Execution or Attachment
▪ Bank Levy
▪ Keeper
▪ Personal Property Levy
▪ Real Property levy
▪ Rent Levy
▪ Till Tap
▪ Verbal Demand for Payment
▪ Wage Garnishment
▪ 3rd Party Levy
|
Bank Levy Services
On January 1, 2013, Assembly Bill 2364 (AB 2364) took effect in California. AB 2364 provided authority for financial institutions to
designate a “central location(s)” for service of process. AB 2364 also provides authority for a financial institution
that designates a central location for service of process to not accept service at any branch of the financial institution not
designated as a “central location” for service of process.
If the financial institution has designated a “central location” for service of process, and the financial institution
has also elected to not accept service of process at a branch not designated as a “central location” for service of process,
then service at a non-“central” branch location will not be considered effective service of process.
Prior to submitting instructions to the Sheriff’s Department, it is the creditor’s responsibility to determine the
correct address for service upon the financial institution. If the financial institution has designated a “central
location,” it may be necessary for the creditor to request service of process through the Sheriff’s Department for
the county where the “central location” is located.
For more information regarding AB 2364 you should visit the California Department of Financial Institution’s website
at http://www.dfi.ca.gov
or call 415-263-8500.
Safe deposit box levy pursuant to CCP 684.115(c)
For the Sheriff's Department to levy on a safe deposit box pursuant to CCP 684.115(c), the creditor must provide the following:
- Original Writ of Execution issued to San Diego County.
- A copy of the bank's Memorandum of Garnishee indicating that the bank has sealed the safe deposit box located in
San Diego County.
- A copy of the Proof of Service from the other county.
- Instructions to “levy and sell” the contents of the safe deposit box pursuant to CCP 684.115(c).
- Current fee for service of a levy.
- Current fee for opening a safe deposit box (Government Code 26723) plus $250.00 to cover the cost of hiring a locksmith.
INSTRUCTIONS AND PROCESS REQUIRED FOR SERVICE
Each process submitted for service MUST include instructions. The
instructions must be original, must include a physical address for
service and must be signed by the
Plaintiff/Requestor or their Attorney of Record. Instructions for
garnishments, levies and earning withholding orders must be signed by
the attorney of record or by the judgment creditor acting as his/her own
attorney.
Summons and Complaints - Two copies of each process per defendant to be
served.
Small Claims Process - Two copies of each process per defendant to be
served.
Other Non-Writ Process - One copy per defendant to be served.
Earnings Withholding Orders - Original Writ of Execution plus original
Application for Earnings Withholding Order.
PROCESS SERVICE INFORMATION
If you need to determine if we serve in the community you need, see our
Zip Code / City / Community page. To assist us in more efficiently
serving your process, please review our Tips for Service page. Common
forms are also available online.
A proof of service will be mailed to you after your process has been
served or a certificate of non-service will be mailed to you if our
office has been unsuccessful in serving your process.
If your hearing date is within two days and you have not received
information in the mail, call an
area office directly.
COLLECTION INFORMATION
When the Sheriff receives a written response from the garnishee or
employer, a copy will be mailed to you. You should receive a written
response from our office within three weeks after service of the levy.
Any funds collected from the levy will be paid to you within
approximately four to five weeks from receipt of funds less a $12
processing fee that is assessed by the Sheriff's Department in
accordance with California Government Code 26746. This processing fee is
charged to the defendant for each payment processed and does not count
towards the judgment total.
If you want a status report of how much has been collected on your case,
please fax your request to your area office. Your case will be
researched and you will receive a response within 5 business days. If
you do not have access to a fax machine, call your area
office directly.
IMPORTANT TIPS TO EXPEDITE SERVICE OF YOUR CIVIL PROCESS
Please provide as much of the following information as possible to
assist us in serving your process.
Defendant’s full name, alias, or fictitious business name if a business
Defendant’s home address and telephone number
Defendant’s business address and telephone number and work hours,
specific location at work, and supervisor's name if known
Full physical description of defendant (include picture if available)
and defendant’s vehicle
Best times to find defendant at the address(s) provided. Our normal
service hours are Monday through Friday, from 6:00 a.m. to 10:00 p.m.
A daytime/nighttime telephone number(s) where you can be reached
regarding the service of your process
If a business is being served, verify business license information with
the appropriate licensing agency. In order to properly serve the process
and eventually enforce your judgment, the defendant business entity must
be named in your case the same way as they are licensed or incorporated
to do business
An extra copy of the summons and complaint or claim and order for
substitute service.
FEES FOR SERVICE OF CIVIL PROCESS
| Fee |
Service |
| $12.00 |
Disbursement fee (per Gov’t Code §26746) |
| $17.00 |
Citation sign off (Does not include the court’s fee) |
| $30.00 |
Earning Withholding Orders |
| $35.00 |
Garnishments (bank, funds, escrow, etc) |
| $35.00 |
Order After Hearing - Civil Harassment |
| $35.00 |
Order for Appearance of Judgment Debtor |
| $35.00 |
Temporary Restraining Order - Harassment |
| $35.00 |
Bank / 3rd Party levy / Attachment |
| $70.00 |
Bank Levy with Spousal Affidavit per Gov’t Code 26721 |
| $35.00 |
Cancellation of Service |
| $35.00 |
Not Found Return/Service |
| $35.00 |
Order for Examination / Appearance |
| $35.00 |
Rent Levy / Attachment |
| $50.00 |
Civil Bench Warrants |
| $85.00 |
Demand Levy |
| $85.00 |
Till Tap |
| $85.00 |
Writ of Possession - Personal Property |
| $125.00 |
Writ of Possession - Real Property (Eviction) |
| $225.00 |
Writ of Execution - 8 Hour Keeper 1 |
| $365.00 |
Writ of Execution - 12 Hour Keeper 1, 2 |
| $600.00 |
Real Property Levy / Attachment |
| ** |
Writ of Execution - 48 Hour Keeper 1, 2 |
| ** |
Writ of Execution - 10 Day Keeper 1, 2 |
| $1,500.00 |
Writ of Execution - Vehicle Levy (deposit) |
| $140.00 |
1 Keeper Fee (paid to keeper) - up to 8 hours |
| $280.00 |
1 Keeper Fee (paid to keeper) - 8 to 12 hours |
| $50.00 |
1 Keeper Fee (paid to keeper) - Not Found |
| $35/day |
2 Keeper Continuation Fee (after first day) |
| |
** Contact the appropriate Civil Office for fee information |
