CIVIL DIVISION
POLK COUNTY SHERIFF'S OFFICE
Mailing and Physical Address: 850 Main Street, Dallas, Oregon 97338
Phone: Direct Line (503) 831-3492
Office Line (503) 623-9251
Facsimile (503) 623-2060
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.
TOPICS:
SERVICE FEES:
Effective June 11, 2003, civil fees across the state were increased due to House Bill 2821, which amended ORS 21.410 to the following:
ORS 21.410
(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:
$28 for 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. If service is requested for more than two parties at the same address,
the fee is $15 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.
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, $47, 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.
Note: Not all of ORS 21.410 was included above; just the civil fees that were changed and that are most common.
SERVICE FEE BREAKDOWN:
For Small Claims, Summons/Complaint or Petition, F.E.D. Summons/Complaint, Notice of Restitution, Civil Subpoena, or any notice process not mentioned herein, follow the schedule below
1 Person: $28.00
2 People, 1 Address: $28.00
2 People, 2 Addresses: $56.00
3 People, 1 Address: $45.00
4 People, 1 Address: $60.00
NOTE: In Forcible Entry and Detainer (F.E.D.) or eviction processes, Et Al (or all others) counts as 1 person. Each listed defendant counts as one person being served at the residence. Example: The cost for Jane Doe and John Doe, et al would be $45.00
Delivery of a Writ of
Garnishment: $15.00
Writ/Order of
Assistance: $47.00 , and in addition the amount of people needed to be served according to the schedule above.
Writ of Execution: $47.00 to $72.00 (Varies - subject to additional fees such as storage, moving company, boarding, etc depending on what the writ & letter of instructions directs the Sheriff to do. Publication fees for sales are not included, the newspaper determines this amount).
Criminal Subpoena: No Charge
Restraining Orders/
Protection Orders: No Charge
No. of defendants Cost
Writ of Execution: 1 $75.00
Of Judgment of 2 $75.00
Restitution or 3 $92.00
Eviction (Move-Out) 4 $107.00
5 $122.00
All other notice process, if not covered above, is $28.00 for up to two people at one address. If more than 1 address or 1 person is to be served, follow the schedule above.
MAKE CHECKS PAYABLE TO P.C.S.O. (Polk County Sheriff's Office)
REQUIREMENTS FOR SERVING CIVIL PROCESS:
In order for the Sheriff's Office to process and serve papers, we need the following:
The appropriate fee. If you are sending the documents in the mail, please include a
Check, money order, or cashier's check.
A service address (physical address). We do not accept papers with a Post Office
Box as the address listed for the defendant.
A cover letter/letter of instructions. If you have any special instructions that the
Sheriff's Office should need, such as a description of the person to be served or
any other pertinent service information, please include this in a cover letter or
memorandum format. Also, if you have more than one defendant listed, indicate
which defendant you want served. Be specific in who you want served. If there is
any doubt as to what you want the Sheriff's Office to do, papers will be returned to
you.
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)
RESTRAINING ORDERS/PROTECTION ORDERS:
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 calling the court.
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 timeframe 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?
After service is completed, a petitioner will be mailed a copy of the return 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.
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, 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?
The yellow pages under "attorney".
Lawyer Referral Service, phone 1-800-452-7636.
Tel-Law Program.
Marion/Polk Legal Aid. Location: 1655 State Street, Salem, Oregon 97301.
Phone Number: (503) 581-5265, or 1-800-359-1845.
Law Libraries located at any Courthouse or University.
Public Library.
Book stores, specifically in the Law/Social Science section.
