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Civil Division
Bob Wolfe, Sheriff
Jay Schmoyer, Civil Deputy
The Polk County Sheriff's Office Civil Division responds to all legal processes directed to the Sheriff, including, but not limited to: Writs of Execution (Real and Personal Property Sales), Forcible Entry Detainers/Evictions, notice, provisional and enforcement processes, and various other court orders/documents.
The Polk County Sheriff's Office Civil Division is comprised of one Civil Deputy who processes all notice, provisional and enforcement process received. Patrol deputies serve all documents received and the Civil Deputy serves process when time allows. The Civil Deputy conducts all property sales.
This office only serves & enforces documents in Polk County. This includes the city limits of Monmouth, Dallas, Independence, West Salem, Falls City, Grand Ronde, & a small portion of Willamina. Please refer to the appropriate Sheriff's Office for service outside Polk County.
Service Fees
Effective January 1, 2010, civil fees across the state will be increased due to House Bill 2393, which amends ORS 21.410 to the following: (1) The sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the office of the sheriff:
Service of Court Documents
Serving summons, subpoena, citation, order, notice, including notice of seizure and sale of personal or real property, notice of restitution and notice of seizure under writ of attachment or execution, or similar documents, including small claims or writ of execution, directed to not more than two parties at the same address.
JANUARY 1, 2010: $36
If service is requested for more than two parties at the same address, the fee will be prorated for each party at the same address. The fee authorized by this paragraph shall not be charged to the state in civil actions, suits and proceedings where one party is an indigent person who has been appointed counsel at state expense.
JANUARY 1, 2010: $20 PER PERSON
Enforcement of Court Documents
For seizure and sale of personal or real property, enforcement of writ of execution of judgment of restitution, or other enforcement or seizure under writ of attachment or execution, or other process or proceeding and in addition, such sums as may be reasonable and necessary to secure each keeper or custodian of property in custody, the expense of inventory of property in custody and expense incurred in newspaper advertising required by law in the execution of process.
JANUARY 1, 2010: $70
REQUIREMENTS FOR SERVING CIVIL PROCESS
In order for the Sheriff's Office to process and serve papers, we need the following:
- A cover letter/letter of instructions. This can include special instructions that the Sheriff’s Office may need, such as a description of the person to be served or any other pertinent service information. Also, if you have more than one defendant listed, indicate which defendant you want served. If there is any doubt as to what you want the Sheriff’s Office to do, the documents may be returned to you.
- The appropriate fee. If you are sending the documents in the mail, please include a check, money order, or cashiers check made payable to the Polk County Sheriff’s Office.
- A physical service address. We usually do not accept papers with a Post Office Box as the address listed for the defendant unless allowed by statute.
- A self-addressed stamped envelope is not necessary, but very helpful.
- Certified true copies of the documents, and in some instances, a court seal.
This office cannot give legal advice pursuant to Oregon Law.
WHERE DO I OBTAIN A RESTRAINING ORDER?
Restraining Orders are obtained through Circuit Courts. The phone number for Polk County Circuit Court is (503) 623-3154.
HOW DO I QUALIFY FOR A RESTRAINING ORDER, & WHAT ARE THE CRITERIA?
This information can be obtained by contacting the court or checking online.
AFTER A JUDGE APPROVES A RESTRAINING ORDER, HOW IS IT SERVED & HOW LONG WILL IT TAKE TO BE SERVED?
Restraining Orders are processed and put out for service the day they are received by our office. We rely on the relevant data section in the restraining order, which has the name, date of birth, address, and all descriptions of the respondent. The more information you provide in this section, the easier it may be for the Sheriff's Office to complete service. Include an employment address, if applicable, and any other information that will be useful in order for us to serve.
Restraining Orders are the first priority in service documents at the Polk County Sheriff's Office. However, it may take anywhere from one day to several weeks to serve a respondent, due to the following:
A respondent may be avoiding service. Restraining orders are not search warrants; therefore, we cannot force entry into a residence.
We may be going to the residence at the wrong time because no information was provided as to the best time frame to serve or it is simply unknown.
Deputies may be responding to emergency calls, or we may only have a limited number of deputies on duty.
HOW DO I CHECK AND SEE IF A RESTRAINING ORDER HAS BEEN SERVED?
A. After service is completed, the petitioner will be mailed a copy of the affidavit of service, which is also filed with the court indicating that the Restraining Order has been served. You may also contact the civil division to check service status Monday through Friday from 8 a.m. to 5 p.m.
After-hours, weekends & holidays, call the Polk County Jail at (503) 623-9254. However, if you call the Polk County Jail, they will only be able to tell you if the Restraining Order has been served. They cannot provide any other information to you such as how many times the Sheriff's Office has attempted service, etc. If you need to speak to a Deputy or if you need to notify our office of the whereabouts of a respondent, call our main office line at (503) 623-9251.
Please remember to be patient in this process. The Polk County Sheriff's Office performs due and diligent search and inquiry when serving civil process.
PROTECTION ORDERS
If you do not meet the criteria for a restraining order, you may be able to obtain a stalking protective order. "Stalking" is defined in Oregon Revised Statute (ORS) 163.730 to 163.732. Keywords in the definition are "repeated" and "unwanted contact". "Repeated" means two or more times. If you believe you are a victim of stalking and you would like to see if you could obtain a stalking protective order, contact the law enforcement agency where the stalking is taking place. You may now also petition the court directly for a stalking protective order per ORS 30.866; forms are available for download from the Oregon Judicial Department website.
LEGAL QUESTIONS
The Polk County Sheriff's Office and other public safety agencies, along with Oregon Courts, are not permitted to give legal advice pursuant to Oregon Law. "Legal Advice" means telling a person how to go about court proceedings, filing, what documents need to be served, etc., speculating what the outcome in a court case would be, advising or recommending one procedure, form, or pleading over another, advising what words to put in a form or what to say in court, suggesting what you "should do", recommending the services of a specific attorney or group of attorneys, etc.
WHERE CAN I GET LEGAL ASSISTANCE?
You can look through the Oregon Revised Statutes:
http://www.leg.state.or.us/ors/
You can look through legal definitions:
http://www.legal-definitions.com/
You can check out the yellow pages under "attorney" or utilize the Lawyer Referral Service:
http://www.osbar.org/public/ris/ris.html
(800) 452-7636
Utilize the Marion/Polk Legal Aid
http://www.mplas.org/
Check out the Law Libraries located at any Courthouse or University or check out the Public Library & Book stores (specifically in the Law/Social Science section)
WHERE CAN I GET LEGAL FORMS?
The Polk County Circuit Court’s website offers forms for you to download:
http://www.ojd.state.or.us/plk/forms.htm
The Oregon Judicial Department’s website offers forms for you to download also. Just go to http://courts.oregon.gov/OJD/ and select ‘Materials & Resources’ and then ‘Court Forms’.
You can also check online with different County Circuit Courts, have an attorney produce the legal forms you need or check with some stationary stores that carry Do-It-Yourself legal forms.
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