Civil Division Frequently Asked Questions

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.

 

Adobe PDF Icon Instructions for Service of Documents Form

Where do I send documents to be served?

Calaveras County Sheriff's Office
Attn: Civil Division
1045 Jeff Tuttle Drive
San Andreas, CA 95249

What are your hours?

Our business office is open 8:00am until 4:00pm Monday through Friday, excluding holidays.

Could you give me advice regarding a civil situation?

Unfortunately, we are not allowed to give any advice. However, 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, please contact the Civil office for services not on the schedule.

What do I need to enclose?

You will need to enclose a Letter of Instruction, fees, papers requiring service, and the associated blank proof of service form.

Do I need to enclose the fees?

Yes, please pay all fees by personal check, business check, or money order.
Payable to: Calaveras County Sheriff's Office.

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 who is not a party to the action as well as over the age of 18 can serve your papers.

What happens after you serve my papers?

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 8:00am and after 5:00 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(s)?

We will return your papers to you along with an explanation of 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 following information is a general outline of each step.

How long does it take your office to process an eviction?

The eviction process is not immediate. It usually takes 10-14 days from the time you submit your paper work until you are notified of the date and time for the final lockout. If the tenant has moved out of the premises voluntarily, you may cancel the final lockout by contacting the Civil Division.

How do I obtain a balance due on garnishment?

You may call the Civil Division at (209) 754-6479 or Email: Natalie Jackson

What if my wages are being garnished and I cannot afford 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 number 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 notice to the defendant informing them of the issuance of a bench warrant with instructions. If they do not respond our patrol division will begin attemping service until the expiration of the bench warrant.

All civil bench warrants must be delivered to the Sheriff's Office by the Superior Court. Please follow all instructions provided to you by the Calaveras County Superior Court prior to contacting the Sheriff's Office.

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.

Legal Disclaimer

The majority of procedures and laws governing the service and execution of civil process are covered in the California Code of Civil Procedure (CCP). The law requires that all process brought to the Sheriff for service must be valid on its face, issued by a competent authority and accompanied by adequate legal instructions signed by the attorney or the party, if he/she has no attorney. The fees for service of process are set in accordance with the California Government Code, 26720 et.seq.