Civil Process

Clayton, Jeff Sergeant-1.jpg

About the Division

The Civil Process Division provides timely service of all civil documents well within time limits set by the court, and serves well over 8,000 papers per year.  There are three full time deputies who fulfill multiple functions of this Division, including process of:

  • Divorce proceedings

  • Civil summons relating to lawsuits

  • Summary ejectments (one party defaults on an agreement concerning rental property leases, failure to pay rent, etc.)

  • Notice of Rights

  • Magistrate Summons

  • Order to file inventory

  • Incompetency

  • Subpoenas

  • Notice of Hearings

 

Lt. Clayton primarily handles money judgments, writs of execution, serves evictions, foreclosures, writs of possession, and claim and delivery.  Sgt. Sykes, Cpl. Brown serves all other civil process papers, including those to UNC Hospital and UNC Campus.

Over 40% of all civil papers are served in the Sheriff’s Office. If a resident fails to come in within 7 days of the date of the notification letter, the paper is assigned to a civil deputy to serve at the person’s home or work. This procedure saves valuable tax dollars and allows our deputies to assist the county in other ways.

Schedule of Service Fees and Guidelines

  • NC issued civil papers: $30, per defendant

  • Out of state issued civil papers: $100, per defendant

  • All checks should be made payable to The Sheriff of Orange County

  • You must include your affidavit of service (if available) as the “return of service” for deputy use

  • For out of state papers, include a self-addressed envelope for our office to send the “return”

  • In-state returns are sent through our statewide courier service

  • Civil papers to be served on indigent defendants require attachment of the court document indicating indigence

Forms and Procedures


The Eviction Procedures for Tenants and Landlords (CLICK HERE)

Mobile Home Eviction Procedure (CLICK HERE)
 

Visitors since January 2017