Policy Text
Civil Bureau Page 1 of 3 4/01 (REV 6/17)
Eviction Procedures
The purpose of this Operations Or der is to establish a procedur e for handling evictions.
I. Policy
It shall be the policy of the Civil Bureau to promptly and accurately process and
execute evictions as compassion ately as possible within legal g uidelines.
II. Clerical Responsibilities
A. Clerical personnel will review and accept evictions submitte d to the
Sheriff’s Department for service. This review is to ensure tha t:
1. The documents meet t he requirements set forth in the Civil
Procedure Manual.
2. Appropriate deposit fees for service are paid.
3. A file is generated for each new case. 4. The information is entered in to the current civil software p rogram.
5. The entire file is printed and routed to the Civil Bureau fi eld support
desk for processing and assignment.
6. All evictions received prio r to 1400 hours are entered for t he next
day posting.
7. If any employee becomes aware of information that may be an
officer safety concern, that emp loyee shall take immediate step s to
notify the affected officer(s) and the field supervisor. Addit ionally,
this information must be added to the Civil software program.
III. Field Support De sk Responsibilities
The Civil Bureau field support desk is responsible for verifyi ng all eviction
documents meet legal and CPM requi rements. The field support d esk will also
compile the documents to meet t he needs of the field service pe rsonnel. This
responsibility is a priority and must be completed in order to meet the time
Civil Bureau Page 2 of 3 4/01 (REV 6/17) constraints of the eviction pr ocess. The filed support desk is also responsible for
closing the eviction files and si gning the returns for court.
IV. Field Supervisor Responsibilities
In the absence of the field sup port desk person, the field sup ervisor will assign
other adequately trained personnel to complete the above tasks.
V. Posting Duties
A. The initial step in the eviction process is the posting of t he property with
the Notice to Vacate. The deputy assigned to the eviction shou ld
complete this step. However, a p rocess server may complete thi s task if
the deputy has other priorities . Posting is accomplished by:
1. Personal service to the pers on(s) named on the Notice to Va cate;
2. Posting a copy of the Notice to Vacate and writ securely in a
conspicuous place at the loca tion identified on the writ;
AND 3. Mail a copy of the Notice to Vacate and a copy of the writ t o the
individual(s) nam ed in the writ.
B. During the posting period the deputy may choose to check the location to
determine the progre ss of the defendant(s). This allows the de puty to
determine if the property will be va cated by the eviction date or if he/she
will require any special assist ance on the day of the eviction. This shall
not be used as a method of intim idation towards the defendant(s ).
VI. Eviction Process
A. Due to the infinite variables involved in many evictions, th e guidelines for
the number of resources to be co mmitted offer basic parameters, not
definite rules.
B. Prior to conducting the eviction, the deputy assigned the ca se will conduct
a risk assessment utilizing the Risk Assessment Checklist, Appe ndix A.
This assessment will be used to help determine the number of of ficers and
resources needed to safely conduc t the restoration. The Risk A ssessment
Checklist will be submitted to t he Civil Bureau Sergeant or Lie utenant prior
to the eviction.
C. The deputy shall peac efully restore control of the property to the plaintiff in
accordance with the writ. On th e day of the eviction the deput y will
contact the agent, attorney, or pl aintiff to determine what nee ds to be
completed.
Civil Bureau Page 3 of 3 4/01 (REV 6/17)
1. If vacant – make the appropria te notations on the trip ticke t and
close the file.
2. If occupied – an appointment to meet the agent will be made in
order to accommodate lock change and restoration of property to
the plaintiff.
3. When eviction is completed – have agent sign restoration not ice trip
ticket and return it to the office so that file can be closed.
VII. Problems
A. There are times when problem s may arise with an eviction. I n keeping
with the policy statem ent above, Civil Bure au personnel will at tempt to
compassionately comply wit h the order of the court.
B. This may require personnel to work with outside agencies i n order to
accomplish mutual goals. Personnel should be aware of agencies such
as Mental Health, Adult Protectiv e Services, Child Protective S ervices,
Animal Control, Travelers Aid , and other allied agencies that m ay be
called upon to assist with problem evictions.
Appendices: Appendix A, Risk Assessment Checklist