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The office of the Sheriff is required to serve all civil process in the manner prescribed by law. The majority of procedures and laws governing the service and execution of civil process are covered in the California Code of Civil Procedure.
The Civil Division’s primary focus is to work in conjunction with the Civil Courts in Madera County. The Civil Division serves processes such as Writs of Possession of Real and Personal property, Writs of Execution, and other non-writ processes, including, but not limited to, Small Claims, Summons and Complaints, and Civil Subpoenas.
All forms, guidelines and fees are primarily set by the legislature and written into California codes. The Civil Unit is prohibited by law from providing any legal advice.
The Civil Division requires an original letter of instruction complete with physical address of where service is to be made and signed by the Plaintiff or his/her attorney, the appropriate amount of copies of the documents to be served and fees for service (see Fee Schedule).
There are many variables to consider when service of process is being attempted on a subject; these variables may delay service depending on the amount of attempts that are made in order to affect service. If the subject the Sheriff’s Deputy is attempting to serve is evading or is only available during unusual hours, the Sheriff Department does not serve Civil Process outside the normal business hours, which is Monday through Friday, 8 am – 5 pm. The Sheriff Deputies will make at least three attempts on different days; one morning, one midday, one late afternoon. In cases where the subject will not be available for service during these days and times; it may be advantageous to enlist the services of a private process server or a private investigator.
We have included in this web site reference sources that may provide helpful information and guidance. Some assistance may be obtained by accessing the California Courts Online Self-Help website. Click here to access the self-help website www.courtinfo.ca.gov/selfhelp.
Under no circumstances do we give legal advice. Contact an attorney if you have a legal question and need legal advice.
To learn more please click on the link below.
Common Questions & Pertinent Documents
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