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.
- The Sheriff is entitled to his fee for service whether or not the service is successful (Govt Code 26736 & 26738).
- Service of process on individuals in custody at the Calaveras County Jail will be processed by the Civil Division during normal business hours and are subject to the fees outlined above, except for service of domestic violence restraining orders pursuant to Govt Code 26721.
- Govt Code 26746 authorizes the Sheriff to collect a $12 assessment fee from a judgment debtor on each disbursement of money paid to a judgment creditor collected under a Writ of Attachment, Execution, Possession or Sale; excluding all child support obligation actions by the Department of Child Support Services.