Sheriff’s Office civil fees per Government Code

Service	Fee ($)
Miscellaneous: Small Claims, Order to Appear, Order to Show Cause, 3-day Notice, Etc.	$50.00
Summons and Petition	$50.00
Summons and Complaint	$50.00
Summons and Complaint Unlawful Detainer	$50.00
Earnings Withholding Order	$45.00
Bank Levy	$50.00
Eviction (Writ of Possession)	$180.00
Till Tap	$125.00
8-Hour Keeper-Levy on Business	$300.00
Levy and Sale of Vehicle	Call for a quote of costs
Levy and Sale of a Place of Business	Call for a quote of costs
Levy on Personal Property (Claim and Delivery)	Call for a quote of costs
Levy and Sale of Real Property	Call for a quote of costs

 

** The Sheriff is entitled to fees whether or not the service is successful. We cannot guarantee that our service will always be successful (CA Govt. Code 26736 & 26738). All fees will be paid prior to performing any attempt for service (CA Govt. Code 6103.2).

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Additional Charges

Pursuant to Government Code Section 26748 we will collect for additional costs if, in our judgment, the service of your process requires additional personnel beyond the norms.  In some circumstances we may determine that vehicle mileage or other components of the service are extraordinary and will therefore advise you of the additional costs.

Section 26746 of the Government Code provides for a $15.00 assessment to be collected from the 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 action by the District Attorney's Office.

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Sales

There is no mailing list for auctions. The sale notices are posted in our office, on the bulletin board. Real property sales are also published in the local paper.

To bid on personal property at a Sheriff's Sale, including vehicle levies, you will need $2500.00 or 10% of the bid, whichever is greater. For real property you will need $5000.00 or 10% of the bid, whichever is greater. If you are bidding less than $2500.00 on personal property or $5000.00 on real property, we will need the full amount. Payment must be made immediately upon the acceptance of the bid and must be paid with either cash or cashier's check, made payable to Sutter County Sheriff. We cannot accept personal or business checks. If you pay the 10% deposit, you have 10 days to pay the balance, this also must be paid in cash or cashier's check.

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Evictions

After judgment has been rendered by the court, the court will issue you a writ of execution. We require the original writ plus 2 copies of the writ of execution, form SER-001 Request for Sheriff to Serve Court Papers and form SER-001A Special Instructions for Writs and Levies—Attachment (Per CCP 262).  The forms SER-001 Request for Sheriff to Serve Court Papers and SER-001A Special Instructions for Writs and Levies—Attachment must be signed by the attorney of record or if there is no attorney of record, should be signed by plaintiff. No one else may sign the instructions. A fee of $180.00 is also required. We post a 5-day notice to vacate within 3 business days after we receive the writ. We will contact the designated agent to schedule an appointment date to meet us at the property for the eviction restoration. Be prepared to provide the Deputy means to enter the premises. Generally, a locksmith, passkey, or other means of accomplishing entry is used. The Deputy will remove all occupants that are present and post a restoration notice on the front of the property. After the office has enforced the eviction and returned possession of the property to you, please contact your local law enforcement agency non-emergency phone number to report any violation by the former tenant.

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Wage Garnishment

When a wage garnishment is served, the employer has 15 days from the date of service to return an Employer’s Response stating debtor’s employment status and if funds will be withheld from the judgment debtor’s income. Please allow at least 30 days for receipt of your copy. If the creditor does not receive an answer from the employer, the creditor should contact the employer, not the Sheriff. The employer is not to withhold any monies prior to ten days after the levy. After the 10 days have expired, they are to withhold funds from the next paycheck and forward them to the Sheriff. It is not unusual for it to take at least 60 days for the judgment creditor to receive the first payment from the Sheriff. The employer is to withhold funds and forward them to the Sheriff until the levy has been satisfied or released. To release a levy, we will need a letter from the attorney or plaintiff if there is no attorney of record or an order from the court. The sheriff's fee is automatically added to the levy.

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Bank Levies

Bank levies are valid only for the monies that are in the bank account at the time the bank receives the levy. The bank will send us a Memorandum of Garnishee, in approximately 10 days, stating the amount of funds, if any, that were withheld. We will send the Judgment Creditor a copy of that answer. If you do not receive a copy of the Memorandum of Garnishee within approximately 30 days, please contact the bank, not the Sheriff. The Sheriff's fee is automatically added to the levy.

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Legal Advice

The Sheriff cannot give out personal or legal advice or answer any questions which are legal in nature. If you have a legal question, please contact an attorney.