Haywood County Sheriff’s Office Civil Process Division consists of deputies who work civil process, child support, domestic violence, litter enforcement and tax collection.
Civil Process is responsible for the service of civil papers in Haywood County as outlined by the North Carolina general statutes. The Haywood County Sheriff’s Office is entrusted to serve civil processes in a professional and timely manner. The division serves not only those processes which originate in Haywood County, but from other counties and states, as well.
These processes include:
- Civil and Magistrate Summons
- Claim and Deliveries
- Writs for Possession and Writs of Execution
- Civil Orders for Arrest
- Tax Warrants
- Temporary and Permanent Restraining orders
- Child Custody Orders
To check the status of a civil paper, please contact the Haywood County Sheriff’s Office during regular business hours, Monday – Friday 8 a.m. to 5 p.m., telephone number (828) 452-6768. Please be prepared to provide the file number and/or name and address of the parties being served.
CIVIL PROCESS SERVICE
The Sheriff’s Office accepts civil processes by mail, Federal Express, UPS or similar delivery, or hand-delivery between the hours of Monday – Friday 8 a.m. to 5 p.m. The cost for civil service within the state of North Carolina is $30.00 per person for civil subpoenas and $5 per person for criminal subpoenas. The cost for out-of-state civil service is $50.00 per person to be served. There is no charge for service in or out of state to serve Ex Parte Domestic Violence Protection Orders.
- Civil disputes involving less than $5,000.00 are held in small claims court.
- Disputes involving claims between $5,000.00 and $10,000.00 are heard in District Court.
- Any dispute over $10,000.00 is heard in Superior Court.
To take out a small claims action, either a Magistrate’s Summons (to recover money owed), or a Claim and Delivery (to recover property wrongfully withheld from the rightful owner), must be filed with the Clerk of Court at the Haywood County Justice Center. It is not required to have an attorney for a small claims action, but you may hire one if you wish. To file these papers, there is a fee determined by the Court. Claims are heard before the Civil Magistrate on the first floor of the Justice Center on the appointed court date.
Remember: A landlord-tenant agreement refers to persons in a verbal or written contract to use a defined parcel of land for a specified term in exchange for payment.
1. First, give the tenant a 10-day notice, either written or verbal, to vacate the property;
2. Obtain a Magistrate Summons / Complaint in Summary Ejectment from the Clerk of Court;
3. The Clerk of Court will set a court date for Summary Ejectment within seven business days from the date of issuance;
4. You must bring the Summons to the Sheriff’s Office for service and provide a stamped envelope;
5. You must appear in court for the Small Claims Court hearing on the day assigned;
6. If a judgment is ruled in your favor, the defendant has 10 days to appeal and/or vacate the property;
7. If the defendant has not moved out within the 10-day period, a Writ of Possession of Real Property is needed for the Sheriff’s Office to remove the tenant(s);
8. The Writ will be carried out within five business days of receipt.