POCAHONTAS COUNTY CIVIL PROCESSING
Eviction Notice, Notice to Quit, Notice of Unpaid Rent
The Sheriff's Office will server any notice you or the Clerk of Court provides us. Advance fees are required unless you have an ongoing account established with our office. We are unable to assist you in determining what notice is appropriate to serve. If you are unsure, we suggest you contact your attorney.
Force Entry Action
After a Write of Possession has been issued, the Sheriff is directed to oversee the process of the Plaintiff removing the property of the tenant out of the home to the closest public property, normally the street curb. The Sheriff nor the landlord is responsible for items left on the curbside, however, if the poperty remains there for an extended period of time, local ordinances may require the landowner to remove the leftovers.
The Sheriff will bill for time spent at the property. Advance fees are required unless you have an ongoing account established with the Sheriff's Office. Unless otherwise directed by the plaintiff the Sheriff will proceed with the following procedure:
- Plaintiff/Landlord is required to provide the Sheriff with a writ of possession at least 5 days prior to removal. Landlord must call the Sheriff's Office to schedule forcible removal.
Writ of Possession Sheriff's Policy
Unless the Sheriff receives a written dictation directing the Sheriff otherwise, Writ of Possessions will be handled as follows:
- Sheriff's Deputies will not remove the belongings. The landlord must arrange the movers. We recommend you have enough movers to efficiently remove all items in a reasonable amount of time.
- Contact the Sheriff well in advance to arrange a time and date for the actual physical eviction.
- At the plaintiff's request, the Sheriff will prepare a "Courtesy Letter" to post on the door advising the tenant of the enforcement date. This is not a required notice, however it is often an effective tool in the removal process.
- The Sheriff will not serve a Writ of Possession after dark or in inclement weather.
- The landlord must call the Sheriff the morning of the eviction date to advise the Sheriff to proceed or not. If a call is not received, the Plaintiff/landlord will be billed accordingly.
- We request the landlord or their representative be present at the time of enforcement.
- Your laborers must place the belongings at the nearest public place (normally the street curb). We recommend you use large garbage bags for the small items to be removed. If the tenants are not present, the Sheriff's Office will secure any weapons, medications, or cash at the Sheriff's Office where the defendant can claim the property. All refrigerators and freezers will need to be secured by the landlord to prevent the entry of children. The Sheriff is not responsible for animal shelter care. We commend that all items be handled properly and with respect.
- We suggest you attempt to determine if there are waterbeds to be drained, if the utilities will need disconnected from appliances, if there are any animals remaining on the property or if you need special equipment or move items prior to the eviction date.
- If the writ includes the removal of a trailer house, the plaintiff is responsible for the storage cost of the trailer. Trailer houses will not be removed to the nearest public property. Please visit with the Sheriff on storage alternatives.
- If the defendant does not remove their property from the curb within a reasonable time, the landlord may be responsible under local ordinances. We suggest you contact your local authorities and advise them of this action.
- Sheriff's Deputies will remain on site for as long as necessary to maintain the peace or until the Plaintiff/Landlord is comfortable with them leaving. A $25 per hour charge will be accessed.
Service of Notices and Subpoenas
The Sheriff's Office will serve any notice or subpoena provided by you or the Clerk of Court. We are unable to assist you in how to file, what to file, or in determining what notice is appropriate to serve. In you are unsure, we suggest you contact your attorney.
Sheriff Sales on Personal Property
Upon receipt of a general execution, a dictation to the sheriff and advance fees, the Sheriff will attempt to execute and levy on the property described on the dictation. The Plaintiff must provide a description and location of the defendant's property to be levied. After the levy, a sale will be held within 70 days of the issuance date of the general execution. The Sheriff will post notices in 3 public places in Pocahontas County and will advertise the Sheriff Sale notice twice prior to the sale date. All property subject to sale will need to be appraised. The plaintiff may be required to post a bond to continue the levy in some cases. Personal property must sell for no less than two-thirds of the appraised value. After the third attempt to sell the property it can be sold for half the appraised value. The proceeds of the sale will be applied to the judgement turned over to the Clerk of Court.
Sheriff fees vary from sale to sale. The average sale cost is approximately $300 not including appraisals, hauling and storage. Contact the civil division for an estimate of costs.
We are unable to advise you in how to complete the dictation to Sheriff or suggest other required services. Sheriff sales are much more complex than described here. If you are unsure how to proceed, we suggest you contact your attorney for advice.
Upon receipt of a general execution and the Defendant's Notice of Garnishment, a dictation to the sheriff directing who and where the service is to be served, the Sheriff will attempt to serve the garnishment. In most cases advance fees are not required. If the party directing service has a past due account, the Sheriff will require advance fees. The Plaintiff must provide clear directions of who, what, and where to garnish. After the expiration of the execution (120 days after the issuance date) the Sheriff will turn over the funds collected, less sheriff fees, to the Clerk of Court. The Sheriff does not police the garnishee. If funds are not surrendered to the Sheriff, you will be billed for our services.
Garnishments range from $50 - $70 per garnishee plus mileage. Contact the civil division for an estimate of costs.
Garnishments are much more complex than described here. We strongly suggest you contact your attorney for advice. We are unable to advise you in how to complete the dictation to Sheriff or suggest other required services.
Manner of Service
It is necessary that you provide a dictation explaining the manner of service you require in a particular action. Proper service is vital to your interest. The Sheriff will follow your direction as closely as possible for the manner of service. If you have a cost cap in mind please include that on your direction of service or we will continue until service is made.