Franklin County Sheriff's Office

 

Sheriff R.W. Norris
Civil Process
Department Info
Dispatch
Investigation
Patrol

Press Info & Statistics

Schools
Contact Info
Home

Civil Process

This division handles the service and execution of court documents and processes. The civil division ensures that all processes are served in a timely manner.

Examples of Duties:

1. Receives legal process documents and instructions for service to litigants.

2. Locates witnesses, makes positive identification of person being served and serves: court orders, writs, subpoenas, summons and notice of hearings.

The civil division is staffed by 2 part time deputy/civil process servers and a secretary. The position of Deputy Sheriff/Process Server is distinguished from Deputy Sheriff in that this is a civilian class that does not perform the variety of law enforcement duties. Sheriff Robert W. Norris oversees this division.

Civil Process Fees:

Fees charged by the Sheriff’s Office for different types of civil process functions are established by the Court Administrators Office.

Deposits:

In order to expedite service and keep the cost of service to a minimum, some information will be helpful to this Office. We need to know the exact location of the Defendant. A Post Office Box Number or RFD address is not sufficient. We will not research an address for you.

Our office has a sliding deposit requirement for service (see below). The actual cost for service is $50.00 for each person served. The mileage rate is dependent on the GSA mileage rate. Any overpayment will be returned to you. If you have provided a deposit, only 2 attempts will be made to serve your papers to keep the deposit costs down. If we have exhausted the deposit, you will be billed for the additional amount owed to the Office. Payment is expected within 30 days of the date of billing. Returns of Service, for filing at court, will not be returned to you until payment is received. If you do not provide enough of a deposit, you will be contacted for the balance and papers will not be served until payment is received. Any refund under $1.00 will not be refunded and any billing that is under $1.00 will not be billed.

Deposit Requirements
(based on single defendant –
add $50.00 for each additional defendant)

>
Bakersfield: $145.00 Berkshire: $120.00 Enosburg: $120.00 Fairfield: $85.00
Fairfax: $95.00 Fletcher: $110.00 Franklin: $120.00 Georgia: $85.00
Highgate: $85.00 Montgomery: $155.00 Richford: $155.00 Sheldon: $85.00
Swanton: $85.00 St. Albans: $85.00

Common Services:
Summons & Complaint

If a plaintiff desires the Sheriff’s Office to serve a summons and complaint in a Civil Court action, the plaintiff should provide the Sheriff’s Office with the original summons and a copy of the summons and complaint for each defendant in the action.

The Deputy Sheriff/Process Server will serve the copy and return the original summons, along with a Return of Service to the plaintiff. The Civil Division will also file the original with the Court.

Subpoena

Subpoenas can be obtained through the courts where the action was filed.

An original and a copy for service must be given to the Sheriff’s Office. Following service, the original subpoena will be returned to the Court by the Sheriff’s Office and the plaintiff will receive a copy. A subpoena can be served upon the named person or left with someone of “suitable age and discretion” who resides at the same address.

Orders Against Trespass:

Orders Against Trespass are completed by the plaintiff in a matter and can be served by either Certified Mail (return receipt) or by the Sheriff’s Office. An Order Against Trespass is only effective once it has been delivered by postal mail (with return receipt) or served by the Sheriff’s Office and proof of service is provided to your local law enforcement agency. A copy of an Order Against Trespass can be obtained using the following forms found at right.
Notice Against Trespass (MSWord)

Notice Against Trespass (.PDF)

Sample Eviction Letter

Sample Eviction Letter
(MSWord)

Sample Eviction Letter (.PDF)

Writ of Execution/Possession

Writs of Execution and Writs of Possession are orders issued by the courts directing the Sheriff to satisfy a judgment. The orders may be for personal or real property. (For more information on Writs of Possession, please visit the following link).
 
 

Related Links

www.cvoeo.org/downloads/housing/RENTINGinVermont.pdf

www.vermontjudiciary.org/GTC/Superior/smallclaims.aspx

www.vtlawhelp.org/small_claims

www.leg.state.vt.us/statutesMain.cfm

 

If you have any questions regarding civil process or procedure, please contact the Civil Division at 802-524-2121.

Last Updated September 7, 2012 site index You are here: www.FranklinCountySheriff.net/ about/process.htm