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What if the best time for service is before 8 am or after 5pm? You may hire a private process server (located under Registered Process Server in the Yellow Pages) or have any adult NOT associated with your action serve the paper.
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What happens if you cannot serve my papers? We will return a proof of service to you explaining why we were unable to serve it. The fee is non-refundable.
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I want to evict a tenant, can you help me? No, our office cannot provide legal advice. If you are unfamiliar with the eviction process, you may contact an eviction agency. They are listed under evictions in the yellow pages. A complete guide of your rights and responsibilities can also be downloaded from the California Department of Consumer Affairs Landlord-Tenant Packet web site at www.dca.ca.gov
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Will a deputy use force to gain entry to a residence in the course of an eviction? No, it is the property owner or authorized agent’s responsibility to gain entrance to the residence.
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Can I get status on my service? Please wait until one week prior to your court date before calling. A proof of service is mailed to you promptly when served.
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Can I get status on my garnishment? Please wait at least 6-8 weeks before contacting us. You will be sent an Employer’s Return informing you the status of the defendant. Once funds are received those funds will be paid to you approximately 30 days from the date of receipt (unless something has happened to put a hold on the funds).
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My wages are being garnished and I can’t make ends meet? The law allows you to file a Claim of Exemption. A blank Claim of Exemption form is attached to your garnishment packet. You can print a Claim of Exemption form and Financial Statement located under forms on this website. Please submit an original and two copies of each form to our office.
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I have filed bankruptcy. How do I stop my wage garnishment? You must provide our office with a copy of the face sheet and Schedule F of your bankruptcy papers. We will need the Levying Officer File No. in order to process your release.
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What happens after I send you a Civil Bench Warrant? We will send a letter to the defendant informing them to contact our office to set a court date. If he/she does not respond within 10 days, the warrant will go out for personal service and the defendant will be cited to appear in court. You will be notified by our office of the court date and time.
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How much does it cost to have papers served? Please refer to the fee schedule on this page.
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Where do I send documents to be served? Tulare County Sheriff’s Department Civil Division-221 S. Mooney Blvd, Room 102, Visalia, CA 93291.
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Can the Sheriff’s Office guarantee that my papers will be served? NO. We cannot guarantee that all civil papers will be served. There are many reasons our office may not be able to serve the documents (e.g. insufficient time for service prior to court date, bad address, or the person no longer resides at the address provided). Our office will make at least 3 attempts on different days and times.
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Can the Sheriff’s Office serve my documents even if I don’t have an address for the person I want served? NO. We do not provide investigative services to determine the whereabouts of the person to be served. You must provide our office with an address.
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My writ was returned for correction. Why do I have to have the court clerk correct and initial it? All additions, corrections, deletions, and interlineations must be initialed by the issuing clerk (Calif. Rules of Court 2.116).
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I have a writ of execution, how do I collect my judgment? Contact an attorney or other legal assistance for answers to your legal questions. We do not provide legal advice.
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I live out of state, how do I go about having documents served on someone in Tulare County?Documents from out of state have the same instruction and fee requirements as in-state documents and usually require a $30.00 service fee per document. If your proof of services requires a notarized Certificate of Service an additional $10.00 fee will be required. All fees must be paid in advance. We do not accept out of state fee waivers.
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I have a court date-when should I turn in my documents for service? We recommend you submit your documents as soon as possible. We require your documents be received in our office no less than 10 days prior to the last day for service to allow time to process, serve and return the Proof of Service to you by the court date.
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Can a Registered Process Server serve a levy and if so, what are the requirements? A Registered Process Server May levy under a writ of execution on certain type of property (Refer to CCP 699.080 for specific information).
Before levying under a writ of execution, the process server is required to submit the following to the Civil Division:
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Writ of Execution
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Original Instructions
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Fee
Our staff will review the documents and provide a levying officer file number. The Registered Process Server must provide the Proof of Service to our office within 5 days from the date of levy. If not provided within the proper time frame, the levy will be void.
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Can my employer deduct a check processing fee for the garnishment check? Yes, Pursuant to CCP 706.034, an employer may deduct one dollar and fifty cents ($1.50) for each check issued for an Earnings Withholding Order.
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After a bank levy has been served, how will I be notified? A Memorandum of Garnishee completed by the bank will be mailed to you with the status of the account and an attachment stating what we have received.
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How long does the bank have to complete and return the Memorandum of Garnishee? The bank has 10 days to complete and return the Memorandum of Garnishee.
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I would like to oppose a bank levy imposed against me. What can I do? You have 15 days from the date of mailing the Notice of Levy to file a Claim of Exemption. The Financial Statement is optional; refer to box 7 on Claim of Exemption. You can find this document under forms on this web page. Please submit original and 2 copies to our office once completed.
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It seems like my judgment should be paid in full by now, why are my wages still being garnished? There are costs, fees and interest added to the judgment total. You can call our office to request a payoff amount at any time.
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I have made payments directly to the creditor-why won’t the levying officer accept my proof of payment? The levying officer can only accept written instructions from the creditor to reduce the demand (amount owing) on your case.
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I didn’t know I had a judgment-what is this about? The levying officer acts on the instructions provided by the creditor and as directed by the writ of execution issued by the court. For specifics on your case, you must contact the judgment creditor listed on the documents provided by the levying officer.
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When are Evictions performed?Evictions are done on Tuesday and Thursday with the exception of holidays
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