The Civil Division of the Sheriff’s Office currently falls under the command of the Administrative Captain. This unit is responsible for the service and execution of various processes issued by and for the Courts of North Carolina. There are five main types of civil processes issued by the Courts of North Carolina. These processes are summonses, judgments, pleadings, court orders, and subpoenas.
The division consists of seven sworn members, including a sergeant, and six full-time deputies. Civil deputies are responsible for the service of approximately 1,000 civil processes (“papers”) per month, including, among others, Domestic Violence Protective Orders, 50C Restraining Orders, Notices of Hearings, Warrants to Seize Child, Evictions, as well as the collection of money judgments issued by the courts. Additionally, the Civil Division conducts funeral escorts throughout the county, as well as handling the majority of the incident reports and warrant services at the Law Enforcement Center.
Civil Processes in North Carolina are served and returned according to North Carolina General Statute. The service package should include a copy of the process for the deputy to send back with the return and a service copy of the process for each respondent. The service fee is as follows:
7A-311. UNIFORM CIVIL PROCESSES FEES
In a civil action or special proceeding, except for actions brought under Chapter 50B of the General Statutes, the following fees and commissions shall be assessed, collected, and remitted to the county.
For each item of civil process served, including summons, subpoenas, notices, motions, orders, writs and pleadings, the sum of thirty dollars ($30.00). When two or more items of civil process are served simultaneously on one party, only one thirty-dollar ($30.00) fee shall be charged.
When an item of civil process is served on two or more persons or organizations, a separate service charge shall be made for each person or organization. The process fee shall be remitted to the county. This subsection shall not apply to service of summons to jurors.
For any Out of State or Federal Civil Processes submitted for service, the Cleveland County Sheriff’s Office (CCSO) will supply a CCSO affidavit of service in lieu of completing an out of state or federal affidavit. All out of state or federal processes will be attempted/served pursuant to the rules of civil procedure as provided in The North Carolina General Statutes. Therefore, CCSO gathers, reports and completes civil process returns with the information required by North Carolina law and not by the laws of any other state. The cost for processes issued outside of North Carolina is sixty dollars ($60.00) per respondent/defendant. The service package should include a service copy of the process for each respondent/defendant. Additionally, a copy of the process to be sent back with the CCSO affidavit and a self-addressed/stamped envelope is required. It is recommended to submit a cover letter, listing any pertinent service information and a list of the named processes in the packet.
The payment must be made in the form of a certified check or money order (an official law firm check is also acceptable) made payable to: Cleveland County Sheriff’s Office. Please do not mail cash.
The process can be mailed to:
Cleveland County Sheriff’s Office – Attn: Civil Process
100 Justice Place Shelby, NC 28150
In person deliveries should be delivered to:
Cleveland County Sheriff’s Office – Second Floor, Law Enforcement Center 100 Justice Place Shelby, NC
If delivering the process in person, Cash, Business Checks, Cashier’s Checks and Money Orders are acceptable forms of payment.
Before submitting paperwork ensure all issued paperwork is assigned file numbers, issue dates, court dates – if needed and are electronically or hand signed by the Clerk of Court.
Generally, the Cleveland County Sheriff’s Office Civil Division will need the following copies included in your Civil Paperwork Packet: (Civil Summons & Complaints, Summary Ejectments*, WRIT of Possession for Real Property*, Magistrate Summons, Subpoenas, Notice of Incompetence Orders, Special Proceedings, Etc.)
Every Packet received by the Civil Division must include:
- a) Court Copy of the paperwork, that includes the Return of Service, that will need to be returned to the Clerk of Courts as Proof of Service.
- b) Defendant’s Copy of all paperwork. We will need 1) Defendants Copy per listed Defendant. Each defendant is required to get their own copy of the paperwork.
* Summary Ejectments: (Must Include)
- 3 summons & 3 Complaints per defendant to be served.
- 1 additional Summons & Complaint to be mailed by the Civil Process Office to the defendant(s).
- 1 stamped envelope addressed to the Tenant
* WRIT of Possession for Real Property: (Must Include)
- 3 copies of the Writ of Possession for Real Property Paperwork
- 2 stamped envelopes, one addressed to the Plaintiff, and one addressed to the Tenant
The link below will access the judicial forms search engine where civil process forms utilized by the North Carolina Administrative Office of the Courts are available: http://www.nccourts.org/Forms/FormSearch.asp
Civil Process Questions can be answered by one of our Civil Division Staff Members:
Civil Division Office: 704.484.4763
The Civil Division is supervised by Sgt. Jessica Etters 704.484.4938
