Civil FAQs

What are the Sheriff's fees for serving Civil Process?

 

Please see the master fee schedule, which is available in the Budgets section of the Public Information page.  Forms of payment accepted are cash, money order, and business or cashier’s checks. 

 

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Where can I obtain legal forms and information for filing a civil court case?

 

Online at the NC Court System's website or in person at the Franklin County Clerk of Court's office (102 South main Street, Louisburg). 

 

You may also get helpful information on the NC Department of Justice's website, including (but not limited to):

 

  • Landlord Tenant Law

  • Auto Repair

  • Consumer Services

  • Unwanted Telephone Solicitation Issues

  • Telemarketing Fraud

  • Information on how to buy a used car

 

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What can I do if my landlord and I are involved in a dispute?

 

The Sheriff's Office cannot intervene on either party’s behalf unless a threat of violence has occurred or a crime has been committed against the involved parties.

 

Further information (including referral information when seeking an attorney) is available on the NC Department of Justice's website.

 

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What are the steps to the eviction process?

 

Steps for Eviction

 

1. Written 10-Day Notice

 

The landlord, owner or the person doing the evicting writes a 10-Day Notice. The time frame does NOT include weekends, holidays or the day of service and includes business days only. The landlord/owner/evictor can serve the written notice in one of the following ways:

 

Post it on the door,

Mail it, or

Hand deliver it.

 

2. Summary Ejectment

 

If there is no response after the official ten-day (10) notice has been provided to the tenant, you may initiate the eviction process by filing a case with the Clerk of Court.  For assistance acquiring and filling out the necessary forms, you may do so for a nominal fee through the Franklin County Clerk of Court.  An eviction forms packet may also be purchased from the Clerk of Court's Civil Division for a nominal fee.  Their office is located at 102 South Main Street, Louisburg.  Information on filing fees can also be obtained from the Clerk's Office.  Completed forms and fees should be taken to the Clerk of Court for filing.

 

The cost of serving the summons is $30.00 per person per service.

 

Each and every adult being evicted must have a summons served upon them.

Either summons will need to be issued a case number by the Clerk of Courts.

The time frame does NOT include the day of service, weekends, or holidays.

 

The Landlord must decide if you are pursuing back rent or if you just want the people to vacate the premises:

If you decide to pursue back rent then this summons must be personally served in order to collect for monetary damages.  If this option is requested, there is a chance the court date will have to be continued if defendant is not able to be found.   **Judgment Collections in back rent cases are rare**

If you decide to request possession without collecting back rent or monetary damages then the summons can be posted on the door.

The Deputy will always attempt to obtain personal service first before Posting the property unless requested otherwise.

 

After the court date in Magistrates Court, there is a 10-Day appeal period in which the Defendant can appeal the case to District Court

 

3. Writ of Possession

 

A Writ of Possession may be submitted to the Clerk of Court for issuance once the 10-Day appeal period is over.  A Writ of Possession is included with the forms made available through the Clerk of Court.

 

 

Once you have the certified original Writ of Possession that has a case number assigned to it, bring it to the Sheriff’s Office.

Make sure that the contact information is on the front side of the Writ of Possession, including:

Contact person’s name,

Address,

Telephone number to contact them to schedule the Eviction

 

Once we receive the Writ and process it, it goes to the deputy for scheduling and service.

The time frame for scheduling the Eviction is 5 Business days after receipt by Deputy and does not include weekends or holidays.

 

The deputy will contact the Landlord or their agent to schedule the day and time to turn the property over.

 

On the date and time to turn the property over, the deputy will stand by long enough for you to change the locks, or to have them changed by a professional locksmith, if you desire. Changing locks is your responsibility; the Sheriff’s office does not change locks.

 

If the people have not left the premises, the deputy will escort them off the property.

If personal property is left behind, then the Landlord must store this property for a minimum of 7 days. --G.S. 42-25.9(g)—

The Landlord shall release possession of property to the Tenant upon the tenants request within the 7 day period.

 

 The Sheriff’s Office accepts cash, money orders, and business or cashier's checks.

 

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Why can it take so long to get my civil papers served?

 

Service challenges may vary but some of the most common delays are due to:

 

- Improper or incomplete service address (P.O. Boxes cannot be used).

- Delays in paper processing due to the filing location (example: Franklin County Clerk's Office, U.S.

 

Mail or Fed-X delivery delays, observance of holidays by the Court and Clerk Office closures).

 

- No included service instructions. 

- No information on respondent's or defendant's place of employment or contact numbers.

- If attempting to serve a resident of Lake Royale, we need the physical address on the paper not the mailing address or Lot number.

 

Suggestions:

 

- Only provide certified, stamped clerk's copies and/or originals for service.

- Provide only cash, money orders, or business or cashier's checks when dropping off civil process for service.

 

Avoidance of the above-mentioned reasons for delays and compliance with the noted suggestions can avoid processing delays and ensure faster, more accurate service when attempting to effect service of civil process.

 

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