About The Division
The Civil Division serves civil process in the manner prescribed by law. Civil process includes summons and complaints, small claims documents for a civil lawsuit, restraining orders, bench warrants, evictions and any other notice or order from the courts. We also levy on wages, bank accounts, vehicles or any asset of the judgment debtor. All requests for service or levy must include a signed letter of instructions to the Sheriff and a fee for service or order of the court waiving the Sheriff’s fee for service. All documents must be received in our office a minimum of 10 days prior to the last day for service.
Public counter hours are Monday through Friday, 8:00 am to 5:00 pm, excluding holidays. A drop box is also available 24 hours a day in the 24-hour Jail Lobby.
The Sheriff provides a cost-effective, credible service and successfully serves most defendants. However, the case is civil in nature and the Sheriff cannot utilize criminal investigative tactics such as stakeouts or computer inquiries (DMV, arrest records, etc.) to serve process, therefore we cannot guarantee service.
View/Download Documents
Electronically-issued writs submitted to the San Joaquin County Sheriff Civil Division must be accompanied by a completed ELECTRONIC / TRADITIONAL WRIT DECLARATION form.
In addition, a completed ELECTRONIC / TRADITIONAL WRIT DECLARATION form will also be required for all additional service requests when the original writ – regardless of the manner of its issuance – is already on file with the Civil Division.
| Title | Categories | Link | hf:doc_categories |
|---|---|---|---|
| Application for Earnings Withholding Order | Civil Forms | civil | |
| Bench Warrant | Civil Forms | civil | |
| Claim of Exemption (Enforcement of Judgement) | Civil Forms | civil | |
| Claim of Exemption (Wage Garnishment) | Civil Forms | civil | |
| Confidential Statement of Judgement Debtor’s Social Security Number | Civil Forms | civil | |
| Electronic/Traditional Writ Declaration | Civil Forms | civil | |
| Financial Statement (Wage Garnishment – Enforcement of Judgement) | Civil Forms | civil | |
| Instructions For Filing A Third Party Claim | Civil Forms | civil | |
| Keeper/Till-Tap Levy (Going Business) | Civil Forms | civil | |
| Non-Writ Service of Process | Civil Forms | civil | |
| Personal Property Levy | Civil Forms | civil | |
| Real Property Levy | Civil Forms | civil | |
| Temporary/Permanent Restraining Order | Civil Forms | civil | |
| Writ of Possession – Real Property (Eviction) | Civil Forms | civil |
Temporary Restraining Orders
We require the Sheriff’s Office’s Original Signed Instructions and one service copy of your restraining order.
Fees:
$40.00 per party served unless waived by Fee Waiver form FW-003. This document must be certified and file-stamped by the issuing court.
If we are successful in serving your document(s), we will send you proof of service. We will forward proof of service to the court as well.
If we are unsuccessful in serving your document(s), we will send you a proof of service with an attached declaration of diligence. We will forward proof of service to the court as well.
If your proof of service requires a notarized signature, please add $15.00 per service.
Other Legal Service of Process
We require the Sheriff’s Office’s Original Signed Instructions, one service copy for each party to be served, and an additional service copy if your documents can be substitute-served.
Fees:
- Summons/Complaint – $40.00 per named party
- Summons/Complaint – Unlawful Detainer – $40.00 per named party
- Prejudgment Claim of Right to Possession (unnamed occupants) – $40.00
Four (4) copies of the summons, complaint, and a blank claim form - Civil Subpoena for Sheriff’s Office personnel/Deputy appearance – $275.00 deposit – (provide additional $40.00 if you will need us to serve the document directly to Internal Affairs)
- Notarized Proof of Service – $15.00 per document (GOV 8211)
- Bench Warrant – varies by type of issued warrant (GOV 26744 and 26744.5)
- Most other documents – $40.00 per document per party
If we are successful in serving your document(s), we will send you a proof of service. It is your responsibility to file the original proof of service with the court and keep a copy for your records.
If we are unsuccessful in serving your document(s), we will send you a proof of service with an attached declaration of diligence. It is your responsibility to file the original proof of service with the court and keep a copy for your records.
If your proof of service requires a notarized signature, please add $15.00 per notarized signature required.
EVICTIONS
Landlords
If you wish to evict a tenant but are not familiar with the process, we cannot assist you. You are encouraged to seek legal advice and/or contact an eviction service. We are not permitted by law to give legal advice.
Tenants
Unless you have already received a notice to Vacate from the Sheriff, the Sheriff does not have any information on your eviction. Please direct your questions to your landlord or creditor, or see the other sources for assistance below.
We require the Sheriff’s Office’s original instructions and Original Writ of Possession.
Fee: $145.00
When opening up an eviction service with our office, lockout dates are assigned on a first-come basis. Generally, the eviction date is 2-3 weeks from the date on which we receive your request.
The Friday prior to your lockout, you will receive an email with instructions as to what time to meet the deputies with additional information on what to expect the day of the eviction. We ask that you arrive at the eviction a minimum of 10 minutes prior to the lockout and once the deputies have performed the clearing of the property, they will turn over the property. If the deputies have a delay greater than 20 minutes, you will be contacted via phone and provided further instructions. It is the landlord’s responsibility to gain access to the property and must be present to gain access in to the property for the deputies.
If you wish to cancel or re-post an eviction, we require your request to be in writing, signed by the attorney or creditor, if pro per, and to our office prior to the lockout. Please include the court case number, eviction address, and levying officer file number on your request. A $40.00 cancellation fee will be accessed. The sheriff is entitled to his fee for service, whether or not the service is successful Gov Code 26738.
If we receive or are notified by an unnamed claimant filing Claim of Right to Possession, we will notify you immediately. The eviction will be removed from the schedule, pending further instructions from the court. Once received the Sheriff’s Office will proceed within a reasonable amount of time, not to exceed five days. CCP 1174.3(g). If canceled, a $40.00 cancellation fee will be assessed for any services not executed.
LEVIES
We require Sheriff’s Office Original Signed Instructions, Application for Earnings Withholding Order, Form WG-001 & WG-035 if debtors social security number is known, and Original Writ of Execution.
Fee:
$35.00 per service
Please allow 2-3 weeks after submitting your request before checking your status online.
Following successful service, employers are to send the Sheriff an Employers Return containing information pertinent to your request. Upon receipt, we will forward a copy to you.
Employers garnishing an employee’s wages must wait ten (10) days after the date of service to begin garnishing. The pay period the tenth day falls into is the first pay period they are to garnish.
Garnishments may take no more than 25% of the employee’s disposable income (gross pay minus taxes). If the employee has other liens against their wages or if they do not earn a minimum required by law, your order may be ineffective, or you may receive less than the full 25%. This information will be provided to you on the Employers Return.
We hold all funds for a minimum of 15 days before disbursing them. Please allow at least two weeks after we have received funds for us to forward them to you or your attorney.
To inquire regarding your service request, call (209) 468-4482 or email levydesk@sjgov.org.
We require Sheriff’s Office Original Signed Instructions and Original Writ of Execution.
Fees:
- 8-hour keeper: $240.00
- 12-hour keeper: $380.00
- 24-hour keeper: $660.00
- Till tap fee: $100.00
Keepers and Till Taps are processed and given to our team of deputies to schedule. We cannot tell you in advance when they will take place. In order to perform a Keeper or Till Tap, the defendant’s name on the writ must match exactly the name of the BOE permit/license. To check this in advance, you can visit the Board of Equalization’s website and choose “Verify a Permit or License” under “How Do I…”?
We require Sheriff’s Office Original Signed Instructions and Original Writ of Execution.
Fee:
$40.00 per service.
Please allow 2-3 weeks after submitting a service request before checking your status online. Following successful service, garnishees (e.g., banks, etc) are to either submit payment to our office or a Memorandum of Garnishee explaining why they are not submitting payment. Upon receipt of the memorandum, we will forward the attorney or creditor a copy.
We hold all funds for a minimum of 15 days before disbursing them. Please allow a minimum of two weeks after we have received funds for us to disburse funds to the attorney or creditor.
Should our levy on the property of a debtor with a financial institution produce a hold on a safe deposit box, we will send a letter to you with further instructions, asking for a deposit to drill. This is optional. If we do not receive a deposit within 3 days (plus mailing time CCP 1013) following our request, we will release the box.
To inquire regarding the status of your service request, call 209-468-4482 or email levydesk@sjgov.org.
We require Sheriff’s Office Original Signed Instructions and Original Writ of Execution.
- Writ of Execution – Money Judgement or Writ of Sale
- $2,000 deposit
- Additional Requirements
- Clear copy of legal description on a separate page
- If a property has no common street address, a copy of an assessor’s map with parcel highlighted
- Writ of Execution – Personal Property Sale
- Auto – $1,500 deposit
- Other – call for a quote 209-468-5582
- Writ of Possession – Claim & Delivery
- Auto – $1,000 deposit
- Other – call for a quote 209-468-4482
- Additional requirements
- Writ of Possession (Claim & Delivery)
- Order for a Writ of Possession (C&D)
- Undertaking (if applicable)
- Writ of Attachment (Real Property) call for a quote
- Additional Requirements
- Writ of Attachment
- Notice(s) of attachment
- Right to attach order and order for issuance
- Copy of undertaking
- Additional Requirements
- Writ of Attachment – call for a quote
- Additional requirements:
- Writ of Attachment
- Notice(s) of attachment
- Right to attach order and order for issuance
- Copy of undertaking
- Additional requirements:
- Writ of Attachment – $40 per institution
- Additional requirements
- Writ of Attachment
- Notice(s) of attachment
- Right to attach order and order for issuance
- Copy of undertaking
- Additional requirements
Complex levies are handled by a separate team that is part of the levy desk. To inquire regarding any of the above levies, you may call 209-468-4482 or email levydesk@sjgov.org.
Frequently Asked Questions
What are your fees?
What do you accept for payment of fees?
At our counter, we accept the following: Cash, Personal checks, Business checks, Certified checks, Master Card and Visa, Debit cards
By mail, we accept the following: Personal or business checks, Money orders, and Certified checks.
Who do I make payment of fees payable to?
San Joaquin County Sheriff (for bench warrants, make the check payable to “Sheriff").
Is there a charge for serving Domestic Violence Restraining Orders?
Do you accept waivers from the court?
Yes, if the waiver indicates that Sheriff’s service fees are covered by the waiver, or if your documents (restraining orders with temporary orders issued) indicate that Sheriff’s service fees are waived. If you are using a waiver form FW-003, it must be a court-certified copy.
When do you make your service attempts?
We attempt service between the hours of 8 am and 5 pm, Monday through Friday, excepting holidays. We will make, unless we have a valid reason to stop or not enough time, no less than three (3) attempts to serve your documents. Due diligence is generally defined as three attempts at three different times of the day (morning, afternoon, early evening).
If the time I need you to attempt service is before 8am or after 6pm, what should I do?
Can I call to get status on the service of my documents?
Where do I send documents to be served?
Sheriff – Civil Division, 7000 Michael Canlis Blvd., French Camp CA 95231
What do I need to enclose?
What is a Letter of Instructions?
What are your hours?
What happens after you serve my paper?
We will mail your Proof of Service directly to you at the address you provide in your letter of instructions. You will need to take it to the court before your court date—you may wish to make a copy for yourself.
What if the best time for service is before 8 am or after 5 pm?
What happens if you cannot serve my paper?
Do I need to enclose a money order for fees?
Who do I make the check payable to?
Do you accept the waiver of court costs I was granted by the court?
I want to evict a tenant, can you help me?
How long does it take your office to process an eviction?
The lockout date is usually 10-14 days from when we receive your paperwork. You will receive a letter prior to the final lockout date with instructions and time to meet our deputies to complete the eviction.
What are your fees?
Most fees are listed on the related web page. Most services not listed are either $40.00 per document per party (GC 26720.9). Fees for complex levies vary. See Instruction Forms for more details.
How do I obtain a balance due on a garnishment?
Please email levydesk@sjgov.org, fax the request to (209) 468-5516, or call (209) 468-4482. We will need the Levying Officer File No. and the last payment sent.
Can I get a status on my garnishment?
HELP! My wages are being garnished and I can’t pay my rent!
The law allows you to file what is called a Claim of Exemption. This is a way to ask for a smaller amount to be withheld per pay period. Go to our FORMS page - you will need to print out the Claim of Exemption (Wage) and the Financial Statement forms. Submit an original plus two copies of each form to us.
I have filed bankruptcy – how do I stop my wage garnishment?
We need a copy of the face sheet of your bankruptcy after you have filed it. You may fax it, mail it or hand carry it to us. Be sure to take it to the correct office – that information is on your copy of the garnishment in the top right-hand corner. We will need the Levying Officer File No. in order to process your release. If you know the fax number for your payroll, provide that also, and we will fax your release to them.