|Added November 15, 2014 |
|Sheriff’s fees will be increasing on January 1, 2015. Please see the fee schedule at the bottom of this page.
|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
|ATTENTION PROCESS SERVERS
|Effective April 29, 2013 all new RPS services will be administered through the San Diego Civil
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.
Effective January 1, 2014, any process submitted to the Sheriff that is accompanied by an electronic writ or a
copy of an electronic writ must include the statement specified in CCP 687.010(e)(4) in the instructions
to the Sheriff.
See the Electronic Writ Statement notice below.
|ELECTRONIC WRIT STATEMENT
|Effective January 1, 2014, pursuant to the revisions made to the Code of Civil Procedure section 687.010 by Assembly Bill
1167, and in particular the addition of sub-section 687.010(e)(4):
If the instructions directing the levying officer to perform a levy are accompanied by a writ of execution for money, possession,
or sale of personal or real property issued by the court as an electronic record, as defined in subdivision (b) of Section 263.1,
or a document printed from an electronic record issued by the court, the instructions shall include a statement indicating that the
accompanying writ is either of the following:
If the process being requested includes instructions submitted on the SDSD instructions (for a levy or eviction) or if submitting
an Application for Earnings Withholding Order, you can use the Electronic Writ
Statement Pursuant to CCP 687.010(e)(4) form to make the electronic writ statement.
- An original writ, or a copy of an original writ issued by the court as an electronic record, not already in the possession
of the levying officer.
- A copy of the original writ already in the possession of the levying officer.
If a levy (other than a real property levy) service is being requested and the instructions submitted are not on the SDSD instructions,
the electronic writ statement should be included within the instructions being submitted or you can use the Electronic Writ
Statement Pursuant to CCP 687.010(e)(4) form to make the electronic writ statement.
Bank Levy Services
|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 internet search.
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:
▪ Landlord Notice (Eviction Letter)
▪ Request for Order/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/Subpoena for production of documents and things
▪ 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
▪ Personal Property Levy
▪ Real Property levy
▪ Rent Levy
▪ Till Tap
▪ Verbal Demand for Payment
▪ Wage Garnishment
▪ 3rd Party Levy
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 Business Oversight’s website.
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:
INSTRUCTIONS AND PROCESS REQUIRED FOR SERVICE
- 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.
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
Summons and Complaints - Two copies of each process per defendant to be
Small Claims Process - Two copies of each process per defendant to be
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
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
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
FEES FOR SERVICE OF CIVIL PROCESS
||Bench Warrant - Civil
||Cancellation of Service
||Citation sign off (Does not include the court’s fee)
||“Not Found” Return
||Order for Appearance of Judgment Debtor
||Order for Examination / Appearance
||Restraining Order (where a fee waiver has not been granted by the court)
||Subpoena duces Tecum / Subpoena for production of documents or things
||Bank Levy with Spousal Affidavit per Gov’t Code 26721
||Disbursement fee (per Gov’t Code §26746)
||Earning Withholding Orders (Wage Garnishment)
||Eviction (Writ of Possession - Real Property)
||Keeper - 8 hours
||Keeper - 12 hours
||Keeper - 48 hours
||Keeper - 10 days
||Keeper Continuation Fee (after first day)
||Levy (Bank, funds, escrow, etc.)
||Personal Property Levy
||Real Property Levy - Writ of Attachment
||Real Property Levy - Writ of Execution/Writ of Sale
||Writ of Possession - Claim and Delivery
||* Amount listed is deposit amount. Additional fees may be required.
||** Contact the appropriate Civil Office for fee information