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Civil Process Services

 

The Civil Process Unit carries out the statutory responsibilities for serving civil arrest orders, summonses, and injunctions for protection, mental health orders, and execution of writs and completes the Sheriff’s Return of Service. These judicial process documents originate from the courts, governmental agencies and private attorneys in Florida and throughout the United States.

Office personnel enter and maintain protective injunction files through the Florida Crime Information Center and our agency computer system. This unit also schedules the sale of found livestock and other properties that may have been seized under court order. In 2013, the Civil Unit received 24,713 papers for service, a total of 2,513 enforceable writs and 22,200 non-enforceable writs with 162 civil arrests made. Twenty-seven sales were conducted on properties or animals per court order.

Fees for service of process are in accordance with Florida Statute 30.231 and are nonrefundable.

Non-Enforceable Process

Summons, Notices, Garnishments, Notices Of Tax Sale, Evictions and all other types of process requiring service only

$40.00

ALL Alias and Pluries services

$40.00

Out of State Non-Enforceable Process: Requires service only when performed in accordance with Florida Statutes and prepared on Marion  County Sheriff’s Office Return

$40.00

 

Enforceable Process

Writ of Replevin, (includes one service only)
Each additional service

$90.00
$40.00

Writ of Possession (Landlord/Tenant, (includes one service only)
Each additional service
Orders Directing Law Enforcement Assistance

$90.00
$40.00
$90.00

Arrest Orders, Capias, Bodily Attachments/Orders of Contempt

$90.00

 

Advance cost deposit fees are required as follows in addition to the above noted levy fees:
The advance cost deposit may be more substantial if additional costs may be incurred for services such as locksmithing, electrician, special equipment, boarding of animals, or other unique circumstances.

Advanced Cost Deposits

Vehicles, boats, etc., requiring towing and storage

$1,000
Minimum

Motorcycles, or any item requiring covered storage

$1,000
Minimum

Real Property requires complete legal and physical description of real estate

$1,000
Minimum

Business – Call for quotation depending on contents. Minimum deposit

Depends on Inventory

For process of service, at a minimum you must provide the Civil Process Unit with the Original process or certified copy with a copy for service for each individual, the best address available where the document is to be served, a self-addressed stamped envelope (unable to accept civil process with a Post Office Box) and method of payment for process is cash, certified check, personal check or money order. All cashier checks, and money orders must be made payable to the Marion County Sheriff’s Office.

Documents for service not properly issued or those with incorrect fees or incorrect payee on the check will be returned.

 

OUT OF STATE PROCESS

Florida Statutes authorize Florida Sheriff’s to serve out-of-state process in the same manner as service of process issued by Florida Courts.  (Fla Stat. S.48.195)  Listed below are certain restrictions and/or policies regarding the service of process in our county:

No special affidavits of service (i.e.: military, physical descriptions, etc.)
We cannot guarantee “personal service” as Florida Law allows for “substitute service” as per FSS  for the age of 15.

The serving deputy’s signature may be notarized for a fee of $5.00

Payment of fees must be made by cashiers check or money order for the exact amount as per fee schedule. We do not accept attorney checks or out of state checks. We do not bill, however, we will accept government checks. Summonses must be the original or a certified copy and an additional copy of the summons to be served.

If our office can be of service to you as per the above guidelines, please forward your process for our immediate attention along with a self-addressed stamped envelope for the Sheriff’s return of service. Should you have any further questions, please call (352) 402-6025  .  If you have special requirements you need to seek the aid of a private process server.

 

Mailing Address:

Marion County Sheriff’s Office
Attn: Civil Process Unit
P.O. Box 1987
Ocala, Fl 34478

Overnight Mailing Address:

Marion County Sheriff’s Office
Attn: Civil Process Unit
110 NW 1st Avenue
Ocala, Fl 34475

For additional information please e-mail the Civil Process Unit at civilprocess@marionso.com or call (352) 402-6025

 

Injunctions For Protection:http://www.marioncountyclerk.org/public/index.cfm?Pg=domesticviolence

 

Protective Injunctions -

In Florida, Temporary Protective Injunctions may be issued by a Judge having jurisdiction upon review of a petition signed by the victim of an act of violence. A hearing is required to be held at the earliest possible time, whereby the temporary order can be dismissed, modified or continued.

Injunctions issued after a hearing shall remain in effect until modified or dissolved by the court.

Service of Protective Injunctions shall be made by the Civil Division as soon as possible, as required by law.

 

Emergency Injunctions -

In domestic violence cases other than normal business hours where victims of violence want to obtain an Injunction for Protection, but feel he/she cannot wait until the Clerk’s Office is open, procedures for issuance of an emergency injunction have been established.

On weekends, holidays and after 3:00 p.m. weekdays, the victim should respond to the Marion County Jail , where he/she will be assisted in completing the necessary papers by on-duty Jail personnel.

Marion County Jail
700 NW 30th Avenue
Ocala, Florida 34475
352-351-8077

 

Evictions:http://www.marioncountyclerk.org/public/index.cfm?Pg=evictions1

 

General Instructions for Levies:

You have been granted a judgment as the result of a court decision.  In order to attempt to satisfy this judgment, the judgment creditor (winning party) may have the Sheriff seize property belonging to the judgment debtor (losing party).  The seizing of property by the Sheriff is called a levy.  A cost deposit is necessary in order for the Sheriff to pay levy expenses.

The minimum cost deposit is as follows:

Vehicle                     Minimum $ 1,000.00 per vehicle
Real Property            Minimum $ 1,000.00 per parcel
Business                   Depends on inventory

Once the Sheriff has levied on the property, he will then advertise and sell it.  The Sheriff will pay all costs and statutory sheriff’s fees first.  If sufficient money is received from the sale, the Sheriff will then pay a $500.00 liquidation fee to the levying judgment creditor.  Creditors will then be paid in the order prescribed according to Florida Statutes.

The property is sold subject to any outstanding liens, judgments or other encumbrances; therefore, it is to your advantage to determine if there are any outstanding liens before deciding to proceed with the levy.  Also, there may be instances when the property being sold does not bring sufficient money to cover the costs.  IN THIS EVENT THE JUDGMENT CREDITOR MUST PAY THE DIFFERENCE. Consequently, it is to your advantage to be present at the sale to protect your interest.

Before the Sheriff can levy on personal property, you must first obtain a judgment lien by filing a Judgment Lien Certificate with the Department of State, which establishes priority of lien on the judgment debtor’s personal property. You can obtain a judgment lien on the judgment debtor’s real property by recording a certified copy of your judgment in the real estate recording section of the Clerk of Court in the county in which the property is located.

You are obligated to determine which specific items are to be levied upon.  You may consult the Department of Motor Vehicles, the Tax Collector’s Office, the Office of the Clerk of the Circuit Court, the Tag Office and your own personal knowledge of the defendant’s assets.

NOTE:  After levy and sale or payment of the Writ of Execution, the Sheriff will make his return to the Clerk of Court of issuance, however, IT IS YOUR RESPONSIBILITY to update the database of the Department of State with an Amended Judgment Lien Certificate.  The Sheriff’s documents will be sent to the Clerk of Court of the court of issuance to keep the case file current.

If you do not have access to the Department of State’s web site at www.sunbiz.org , you should contact the private vendor for the Department of State judgment lien filing function at (850) 656-7463 or (850) 656-6010.  Fax# (850) 656-6012. 

THE FOLLOWING ARE REQUIRED TO BE SUBMITTED TO THE SHIERFF’S CIVIL PROCESS UNIT BEFORE WE CAN PROCEED WITH A LEVY:

 

SHERIFF REQUIRES FOR REAL PROPERTY LEVY:

  1. Writ of Execution
  2. “Instructions for Levy” with physical location and legal description
  3. Addresses of all parties and attorneys
  4. “Creditor’s Affidavit” pursuant to Florida Statutes 56.27(4)(a)(b)(c)
  5. Warranty Deed showing ownership of the real property in the name of the defendant(s) named in the body of the Writ of Execution.
  6. Cost Deposit

SHERIFF REQUIRES FOR PERSONAL PROPERTY LEVY:

  1. Writ of Execution
  2.  “Instructions for Levy” specifically describing property
  3. Addresses of all parties and attorneys
  4. “Creditor’s Affidavit” pursuant to Florida Statutes 56.27(4)(a)(b)(c)
  5. Copy of the Judgment Lien Certificate
  6. Cost Deposit

SHERIFF REQUIRES FOR BUSINESS LEVY:

The cost deposit for a business levy is substantially more than for a personal property or real property levy due to the fact that we have to hire a moving and storage company to pick up the property, store it for several weeks, and then display the property the day of the sale.

In order for the Sheriff to get an estimate of costs, we must first be provided with a copy of the Writ of Execution and specific Instructions for Levy.  After the cost deposit is determined, you will be notified and the requirements will be the same as a personal property levy.

 

SAMPLE OF INSTRUCTIONS FOR LEVY (Click here to Download and Print)

Please note that the Civil Process Unit does not provide legal advice or assist in the preparation of documents.