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FREQUENTLY ASKED QUESTIONS

Civil Division FAQ'S

What are your hours?
8 am to 4 pm Monday through Friday, excluding holidays.

Can you give me advice regarding a civil situation?
Unfortunately, we are not allowed to give any advice. We will make every effort to refer you to the best resources for your particular questions.

What are your fees?
Please click here for the Fee Schedule. Some processes are not listed. Contact the Civil office for services not on the schedule.


What is a Letter of Instruction?
This is the request to the Sheriff's Department for services.
Letters of Instruction must be signed and submitted with your papers requiring service.

This Document is in Adobe Acrobat Format. You must have Acrobat Reader (free) installed to view it.Instructions for Service of Documents - Form

Where do I send documents to be served?
Calaveras County Sheriff's Department
Attn: Civil Division
891 Mountain Ranch Road
San Andreas, CA 95249

What do I need to enclose?
A Letter of Instructions, fees, papers requiring service.

Do I need to enclose the fees?
Yes! Fees can be paid by personal check, business check, or money order.

Who do I make the check payable to?
Calaveras County Sheriff's Department

Do you accept the waiver of court costs I was granted by the court?
Yes! Please be sure to include a certified copy of the waiver.

Can someone besides the Sheriff serve my papers?
Absolutely! Anyone over the age of 18 years and not a party to the action can serve your papers.

What happens after you serve my paper?
We will mail your Proof of Service directly to you at the address you provide on your instructions. You will need to take it to the court before your court date.

What if the best time for service is before 8 am and after 5 pm?
Our Sheriff's Deputies will make every effort to serve your papers. If necessary, they will serve them before and after normal business hours.

What happens if you cannot serve my paper?
We will return your papers to you along with an explanation why we were unable to serve your papers. Fees for service are not refundable.

I want to evict a tenant. Can you help me?
The following information is provided by the Sheriff's Department to assist landlords. The staff of the Sheriff’s Department is prohibited by law from dispensing legal advice and from assisting plaintiffs in completing the required legal forms. The eviction process is a three-step procedure. The following information is a general outline of each step. Eviction Procedure Information

How long does it take your office to process an eviction?
The eviction process is not immediate. It usually takes 10-14 days from when we receive your paper work. You will be sent a letter prior to the final lockout date with information for the lock out. You will need to contact this office for an appointment to perform the final lock out process. If the tenant has moved out of the premises voluntarily, you do not have to have a lockout. Simply contact the Civil office and advise the status of your eviction.

Unlawful Detainer - Forms and Information
 This Document is in Adobe Acrobat Format.Flow Chart for Unlawful Detainer
 
This Document is in Adobe Acrobat Format.Common Forms for Unlawful Detainer - Listing of Forms

The Judicial Council updates form several times a year. The most common time for updates is the first of each year and around June. Forms labeled mandatory or adopted must be used for filing and cannot be replaced by pleadings. Judicial Council forms can be found on the Internet at http://www.courtinfo.ca.gov/forms/

Local forms can sometimes be found on each court's website. Contact your local court for more information regarding local form and Internet availability.
Superior Court - State of California - County of Calaveras

How do I obtain a balance due on a garnishment?
You can call the Civil office at (209) 754-6479 or
E-mail: njackson@co.calaveras.ca.us

HELP! My wages are being garnished and I can't pay my rent!
The law allows you to file what is called a Claim of Exemption. This is a way to ask for a lesser amount to be withheld per pay period.

I have filed bankruptcy - how do I stop my wage garnishment?
We need a copy of the face sheet of your bankruptcy after you have filed it. You may fax or hand-carry it to us. We will need the Levying Officer File No. In order to process your release. Include the fax number to your employer/payroll department for their notification.

What happens after I send you a Civil Bench Warrant?
We will send a letter to the defendant informing him/her to contact our office to post bail or make arrangements to report to the County Jail. If they do not respond our Sheriff's Deputies will attempt to find and arrest the defendant to answer to the charges in Court.

Is there a charge to serve a Restraining Order on an inmate in jail or prison?
There is no charge to serve a Domestic Violence Restraining Order.

Mailing:
Calaveras County Sheriff's Department
891 Mountain Ranch Road
San Andreas, CA 95249

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Reviewed: October 23, 2006
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