Civil Section

Purpose
The Civil Section fulfills the Sheriff's ministerial duties to the court. The Sheriff is tasked by the California Government Code to serve all process presented to him and to enforce court judgments in his capacity as levying officer.

The Kings County Sheriff's Department. Civil Section serves all court process. Fees are set by the Government Code.

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Operation
The Civil Office is open Monday through Friday, 8am to 5pm. Civil process delivered to the office is generally available to the field deputy for service the next working day. Earnings Withholding Orders are served by certified mail in all cases as a cost reduction measure. If you insist on personal service of an Earnings Withholding Order, there are several registered process servers in Kings County who do serve wage levies.

Questions on when something will be served are difficult to answer. It depends mostly on whether or not the recipient of the process will be home or in their place of business per the litigant's instructions. If the recipient is evasive or keeps unusual hours, the Sheriff does not have the resources to affect "around-the-clock" service. In such cases, the litigant may find it advantageous to enlist the services of a private process server or a private investigator.

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Kings County Sheriff's Civil Section
(559) 582-3211, ext. 2888

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Fee Schedule

General process - $35 per person served.

Summons & Complaint - $35.

Exception: The Sheriff does not charge a fee to serve a domestic violence restraining order or those harassment restraining orders where the court filing fee was waived. While any peace officer can serve a restraining order at the scene of a domestic violence incident, if the protected person requires a proof of service signed by the Sheriff's authorized agent the order and supporting documents must be first delivered to the Civil Office with the petitioner's instructions for service. Otherwise, the protected person must provide the serving peace officer with a proof of service to sign and deliver to the issuing court.

Earnings Withholding Orders - $30.

Writs of Possession (Eviction) - $125.

Bank Levy's - $35 for each bank served.
Keeper Levy

Eight hour Keeper - $225.

Twelve hour Keeper - $365.

The above fees are for money or equivalent proceeds of sales only. (CCP 700.070(c))

For seizure and sale of business inventory if writ is not satisfied, a minimum of $1,500
fee deposit is required to conduct an inventory of the business and maintain keeper
custody until the inventory can be removed from the premises. More may be required
depending on the size and complexity of the levy.
Twenty-four hour Keeper - $565.

Call for service fee.

A keeper levy in excess of twelve hours implies a seize and sell levy. Contact the Civil Office to discuss other fees such as professional inventory services, moving and storage, and conduct of sheriff's sale.

Vehicle Levy * - $1200.

Vehicle Levy fee requirements in detail:

Sheriff take possession - $85.

Keeper inventory and record condition of vehicle - $110.

Towing costs - Actual cost- Approximately $90. Based on current rate of $90 per hour.

Storage - $40 per day. Per Code of Civil Procedure, vehicles seized under Claim and Delivery must be held for a minimum of ten days before the vehicle can be turned over to the Plaintiff. In the case of sheriff's sale of the vehicle, the vehicle cannot be sold until ten days after the Notice of Sale is served on the debtor personally; or fifteen days if the Notice of Sale is served on the debtor by first class mailing.

Sheriff's Sale (Writ of Execution) - $85.

Issue Certificate of Sale to purchaser - $10.

* Levies on motor vehicles can become complicated when third parties claim an interest in the vehicle levied upon. The judgment creditor should be prepared for delays while these claims are resolved and be prepared to pay additional storage costs in the meantime.

Real Property Levy and Sell - Contact the Civil Office and ask for the Real Property Levy information sheet. This can be mailed or faxed to you and contains all the requirements to have the Sheriff levy on real property.

Personal Property Levy and Sell - Contact the Civil Office and talk to one of the deputies concerning the requirements. The fees required vary considerably depending on the complexity of the levy.

Restrictions on Legal Advice - The members of the Civil Section are not attorneys and cannot give legal advice. If you have questions on how to proceed in your particular matter, you should contact an attorney for competent legal counsel.

Required Documents - The Sheriff requires written instructions, signed by the litigant or his/her attorney, clearly describing the actions the Sheriff is to take and where to carry them out. The Sheriff and his deputies do not "hunt" for litigants in civil matters nor do they "locate" a judgment debtor's assets for levy. The Sheriff cannot accept facsimile (faxed) instructions unless the original written instructions to the Sheriff authorize him to accept faxed instructions.

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Mail instructions and process to be served to:

Kings County Sheriff
Attn.: Civil Section
1444 W. Lacey Blvd.
P.O. Box 986
Hanford, CA 93232

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Prison Service - The three California Department of Corrections prisons in Kings County do not permit personal service of process on either inmates or employees. Service is affected by "sub service" by delivering a copy of process to the warden's designated agent and by mailing a second copy to the defendant. Process requiring personal service will not be sub served unless your instructions specifically instruct the Sheriff to sub serve.

The litigant wishing service be made at the state prisons must provide two complete copies of the process to be served and instructions must identify the defendant as either an employee or inmate. Process for inmates must include the inmates CDC identification number or date of birth.

If it is absolutely necessary the process be served personally, the litigant requiring service must contact the appropriate prison to have it served by their personnel.

Corcoran State Prison Litigation Assistant - (559) 992-6139
CSATF/State Prison Corcoran Litigation Assistant - (559) 992-7168
Avenal State Prison Warden's Office - (559) 386-0587, ext. 5025

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Evictions - The Civil Section does not keep a stock of forms on hand for evictions. After a Three or Thirty Day Notice is served on the tenants, the property owner or agent must file an Unlawful Detainer action in the appropriate court. The necessary court forms are available at the court.

Disbursement of Levied Funds - After receiving money of a judgment debtor from either the employer or other source, the Civil Section waits fifteen days before requesting a check be issued by the County Auditor to the judgment creditor. This is to ensure the check sent to the Sheriff clears the bank. From the time of receipt until a check is mailed to the judgment creditor rarely takes more than three weeks. When the Sheriff receives money from a levy, a receipt notice is mailed to the judgment creditor or his/her attorney. Please do not call asking when your money will be sent if it has been less than thirty days since you received your receipt notice.

Claims - From time to time judgment debtors or other parties will make claims on levied property. The judgment creditor will be notified of said claims and will be required to either honor the claim or oppose the claim. The Sheriff cannot rule on the validity of the claim, only take note of it and notify the judgment creditor. If the judgment creditor does not act on the claim, the Sheriff will release said levied property as is identified in the claim.

Child Custody and Visitation Order Enforcement - The Sheriff's Department will serve process and orders concerning child custody and visitation. However, actual enforcement of custody and visitation is accomplished by the District Attorney's Child Abduction unit, (559) 582-3211, ext. 4191.

Forms - The Civil Office does not keep a stock of forms other than the Application for Earnings Withholding Order, and the debtor's Claim of Exemption. All other forms can be obtained at the http://www.courtinfo.ca.gov/forms/ - California Judicial Council's web site.