Civil

• Notices
• Most Commonly Asked Questions
• Clinton County Sheriff’s Office Eviction Procedures
• Fees to be Collected by Sheriff

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Notices

Original Notices 

An information, advice, or written warning, in more or less  formal shape, intended to apprise a person of some proceeding in which his interests are involved, or informing him of some fact which it is his right to know and the duty of the notifying party to communicate.

Bad Check Notices

General Executions 

Personal Property - A general execution is a writ commanding an officer to satisfy a judgment out of any personal property of the defendant.  If authorizing him to levy only on certain specified property, the writ is sometimes called a special execution.  In other words simply stated, the sheriff is ordered to levy on any and all non-exempt property.  A general execution can be by garnishment, sheriff sale or levy.

Garnishments 

A garnishment is a legal proceeding taken by a "creditor" after a judgment is received from a court against a "debtor".  If the creditor knows that the debtor has money, or property, in the hands of a "garnishee" (wages owed by the debtor's employer, funds in a bank account, etc.), the creditor can take as much as the law allows.

Injunction 

A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury.  A prohibitive, equitable remedy issued or granted by a court at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter from doing some act which he is threatening or attempting to commit,  or restraining him in the continuance thereof, such act being  unjust an inequitable, injurious to the plaintiff, and not such as can be adequately redressed by an action at law.  A judicial process operating in personam, and requiring person to whom it is directed to do or refrain from doing a particular thing.  Generally, it is a preventive and protective remedy, aimed at future acts, and is not intended to redress past wrongs.

Temporary Injunction 

A preliminary or provisional injunction, or one granted pending the lawsuit; as opposed to a final or perpetual injunction.  A provisional remedy to preserve subject matter of controversy pending trial.  It is one which operates until dissolved by interlocutory order (meaning: one which does not finally determine a course of action but only decides some intervening matter pertaining to the cause, and which requires further steps to be taken in order to enable the court to adjudicate the cause on the merits.) until final hearing on matter. (Also refer to temporary restraining order)

Order  

A mandate, precept; a command or direction authoritatively given; a rule or regulation.  Direction of a court or judge made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings.  An application or an order is a motion.

Restraining Order 

An order which may issue upon the filing of an application for an injunction forbidding the defendant to do the threatened act until a hearing on the application can be held.  Though the term is sometimes used as a synonym of "injunction," a restraining order is properly distinguished from an injunction in that the former is intended only as a restraint upon the defendant until the propriety of granting an injunction, temporary or perpetual, can be determined, and it does no more than restrain the proceedings until such determination.

Temporary Restraining Order 

An emergency judicial remedy of brief duration which may issue only in exceptional circumstances and only until the trial court can hear arguments or evidence, as the circumstances require, on the subject matter of the controversy and otherwise determine what relief is appropriate.  Court order which is issued to maintain status quo pending a hearing on an application for an injunction.

Show Cause Order 

Court order, decree, execution, etc, to appear as directed, and present to the court such reasons and considerations as one has to offer why a particular order, decree, etc. should not be confirmed, take effect, be executed, or as the case may be.

Real Estate Sales General Execution 

General Execution: is a writ commanding an officer to satisfy a judgment out of property of the defendant.  It is for a money judgment.

Real Estate Sales Special Execution 

A copy of a judgment with a direction to the sheriff that lists the specific property the judgment was rendered against.

Subpoena 

A process to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and excuses, and appear before a court or magistrate therein named at a time therein mentioned to testify for the party named under a penalty therein mentioned.

Summons 

A writ, directed to the sheriff or other proper officer, requiring him to notify the person named that an action has been commenced against him in the court whence the writ issues, and that he is required to appear, on a day named, and answer the complaint in such action.

Citation 

A writ issued out of a court of competent jurisdiction, commanding a person therein named to appear on a day named and do something therein mentioned, or show cause why he should not.

Writ of Replevin

An action whereby the owner or person entitled to repossession of goods or chattels may recover those goods or chattels from one who has wrongfully distrained or taken or who wrongfully detains such good or chattels.  Also refers to a provisional remedy that is an incident to a replevin action which allows the plaintiff at any time before judgment to take the disputed properly from the defendant and hold the property pending the lawsuit.

Most Commonly Asked Questions

Eviction Process:

• Failure to pay rent
  1. Three day notice of intent to terminate lease/notice to quit 648.3; 562B.25
  2. Forcible entry and detainer notice 648.1; 648.5
  3. Writ of possession 646.24
• Violation of lease    
  1. Seven day notice to correct violation or lease terminates 562A.27(1).
     For mobile homes 14 day notice to correct violation or lease terminates in 30 days. 562B.25
  2. Three day notice to quit 648.3
  3. Forcible entry and detainer notice 648.1; 648.5
  4. Writ of possession 646.24 
• Clear and present danger
  1. Three day notice to quit for clear and present danger 562A.27A(1)
  2. Forcible entry and detainer notice 648.1; 648.5
  3. Writ of possession 646.24
• Stay over after lease expired
  1. Three day notice to quit 648.3
  2. Forcible entry and detainer notice 648.1; 648.5
  3. Writ of possession 646.24
• Other reasons landlord wishes to terminate lease
  1. 30 day notice from next periodic rental date 562.4;562A.34(2)
     (60 day notice for mobile homes) 562B.10(4)
  2. Three day notice to quit 648.3
  3. Forcible entry and detainer notice 648.1; 648.5
  4. Writ of possession 646.24
• No rental agreement but possession established (family member, guest, significant other, or squatter)
  1. Three (3) day notice to quit 648.3
  2. Forcible entry and detainer notice 648.1; 648.5
  3. Writ of possession 646.24

The Clinton County Sheriff’s Office does not dispense legal advice. You may want to consult an attorney for a full explanation of your legal rights. This notice is provided as a courtesy only and the Clinton County Sheriff’s Office is not liable for any errors or omissions.

Procedures For Service

• Initial notices of intent to terminate lease or notices to quit
  • Notice should be served on all known adult tenants. If the plaintiff suspects additional unknown adult tenants they may want to consider adding the phrase “and all other parties in possession” to their notice.
  • Sheriff should serve personally or substitute on any resident over the age of eighteen. 562A.29A(1); 562B.27A(1)
  • Plaintiff may opt to serve this notice themselves. 562A.29A(1); 562B.27A(1)
  • If the sheriff is unable to serve this notice after two attempts the plaintiff may opt to serve by posting a copy of the notice on the door (must have the date of posting on this copy) and mailing one copy of the notice to the defendants by certified mail and mail one copy by regular U.S. mail. The sheriff should make a diligent search noting the attempts. The plaintiff should file an affidavit with the clerk of court stating that the service attempts, posting, and mailings (SERVICE IS NOT DEEMED COMPLETED UNTIL FOUR (4) DAYS AFTER MAILING) have been completed at least three days before the hearing date. 631.4(2)c,
  • Count of days is determined by 4.1(34)
• Forcible entry and detainer notice (FED)
  • When the Sheriff receives a FED Notice, 2 attempts will be made to serve the paper. We are asking that the plaintiff contact the Sheriff’s office periodically to check on the status of the paper. If the defendants are served, the Sheriff will make a return to the Clerk of Court stating that the service has been made. The Plaintiff does not need to do anything further to complete the service.
  • If the sheriff is unable to serve this notice after 2 attempts, the Sheriff will post a copy of the notice on the primary entrance door (must have the date of posting on this copy) at least 3 days prior to the hearing. The sheriff will make a return to the Clerk of Court stating the number attempts made and that the notice was posted on the primary entrance door. If the plaintiff had not contacted the Sheriff’s office regarding the attempts made, the Sheriff’s office will contact the plaintiff to inform them that the Sheriff’s office was unable to serve the notice and posted the primary entrance door.
  • The Plaintiff will need to mail a copy of the notice to the defendants by certified mail at least 7 days prior to the hearing.
  • The Plaintiff will need to mail a copy of the notice to the defendants by regular mail at least 7 days prior to the hearing.
  • The Plaintiff will need to file an affidavit with the clerk of court stating that the service attempts, posting, and mailings (SERVICE IS NOT DEEMED COMPLETED UNTIL FOUR (4) DAYS AFTER MAILING) have been completed at least three days before the hearing date. 631.4(2)c,
  • If the mailings cannot be completed in the required time frames, the Plaintiff will need to contact the Clerk of Court to re-schedule the court date prior to mailing the notice.
• Writ of Possession
  • See Clinton County Sheriff’s Office Eviction Procedures

Clinton County Sheriff’s Office Eviction Procedures

• When the clerk of court receives a ruling on a forcible entry and detainer action in your favor you will need to request that the clerk issue a writ of possession within three days after judgment is rendered. 648.22. It will not be done automatically.
• The plaintiff should contact the sheriff to schedule an eviction.
• The sheriff’s office will be serving the writ. If the defendant is not there to accept service, the door will be posted.  If the plaintiff would like a deputy to be on site during the eviction, contact the sheriff’s office, civil division, at 242-9211 option 4 between 8 a.m and 4 p.m. Monday through Friday (except holidays) to schedule an eviction time.
• The day of the eviction we will expect the plaintiff or his agent to check the location to see if the defendant has vacated voluntarily. Please call our office to either confirm or cancel the eviction. We will not respond until we hear from you. If you discover that the defendant has vacated previous to the eviction date please inform our office so we can use that time for other purposes.
• At the time for the eviction we will expect the plaintiff to provide enough manpower to complete the eviction in approximately one hour. We recognize that unusual situations requiring more time will occur occasionally. The process must be completed by 4 p.m. and will be scheduled with that goal in mind. Our function is to provide the authority, keep the peace, and direct the procedure.
• We request that the plaintiff provide enough boxes and large trash bags to facilitate efficient moving of property. If heavy rain is imminent it is suggested that sheets of plastic be used to cover the property to prevent unnecessary damage. The eviction will only be postponed because of more severe weather conditions. If a waterbed needs to be drained we may request that you bring a pump in the interest of time. If a refrigerator or freezer is involved we will expect the plaintiff to secure the appliance so a child will not have access, or remove the door.
• Weapons, drugs, and cash should be taken into possession by the sheriff and inventoried for the defendant to claim.
• We will have the plaintiff move the property to the area where garbage pickup is done or the area between the sidewalk and the curb normally called the parkway or the nearest public property.
• Once the eviction is completed the sheriff is not responsible for the defendant’s property. The plaintiff will need to arrange for removal of anything left by the defendant in compliance with local ordinances.
• Our fees for service of a writ of possession (an eviction) are $30 plus mileage. If you require a deputy to stand by during the eviction, there will be an additional $25/hour attendance fee added. Advanced Fees Required for an eviction with a 1 hour standby will be $60.00.

Fees to be Collected by Sheriff:

Civil Papers

• $30.00 - Original Notices, Orders, Writs.
• $20.00 - Each additional paper to serve at same household
• $35.00 - Subpoena
• Mileage at the IRS Allowable Rate
• Advanced Fees Required: $45.00 (Clinton/Camanche)
• Advanced Fees Required: $65.00 (County)
• Additional defendants and location may affect the fees required.

Wage Garnishment

• $30.00 - Levy on Execution
• $30.00 - Garnishment and Interrogatories
• $30.00 - Notice of Garnishment
• Mileage at the IRS Allowable Rate
• Advanced Fees Required: $95.00

Evictions

• $30.00 - Writ.
• $25.00 per hour Attendance Fee
• Mileage at the IRS Allowable Rate
• Advanced Fees Required: $60.00 (Up to 1 hour to standby)

List of Standard Fees Pursuant to 33.665

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