CIVIL PROCEDURES

Non-Enforceable Civil Process

This Office will serve the civil process according to Florida State Statutes unless a Florida Judge's order states otherwise and is attached to the paperwork. Services include Summons, Notices, Writs of Garnishment, Notices of Tax Sale, Subpoenas and all other types of non-enforceable process requiring service only.

Civil Section
941.861.4110

Mailing Address:

In State

Service fee: $40 each service (check, money order or exact amount in cash). Requestor must also include:

  • 1 original or 1 certified copy of the process, or 1 electronic copy of the process which was signed and certified by the Clerk of Court, per person served.
  • 1 copy of the process, per person served.
  • 1 copy of complaint or petition, per person served.
  • A self-addressed stamped envelope, if copy of Return of Service is required.

Out of State

Service Fee: $40 each service, plus $15 if notarized. Requestor must also include:

  • 1 original or 1 certified copy of the process, or 1 electronic copy of the process which was signed and certified by the Clerk of Court, per person served.
  • 1 copy of the process, per person served.
  • 1 copy of complaint or petition, per person served.
  • A self-addressed stamped envelope.

All fees collected shall be non-refundable and shall be earned when each original request or service of process is made.

Enforceable Civil Process

All documents must be either issued in or domesticated within the State of Florida. Any enforceable process requiring in excess of one hour will be charged at the rate of $31 per hour per deputy. If anticipated, an estimated cost deposit will be required in addition to the original cost deposit.

Writ of Possession

Landlord/Tenant Requirements:

  • 1 original or 1 certified copy of the process, or 1 electronic copy of the process which was signed and certified by the Clerk of Court, per person served.
  • 1 copy of the process, per person served.
  • Contact Information Sheet.
  • A self-addressed stamped envelope, if copy of Return of Service is required.

Foreclosure Requirements:

  • 1 original or 1 certified copy of the process, or 1 electronic copy of the process which was signed and certified by the Clerk of Court, per person served.
  • 1 copy of the process, per person served.
  • Contact Information Sheet.
  • A self-addressed stamped envelope, if copy of Return of Service is required.

All Writs of Possession must be accompanied by an information sheet listing the contact person who will meet the Deputy Sheriff and accept possession of the premises.

Total Fee: $90 per Writ ($40 service fee plus $50 execution fee). Payment must be made by check, money order or exact amount in cash.

Writ of Replevin

Requirements:

  • 1 original or 1 certified copy of the process, or 1 electronic copy of the process which was signed and certified by the Clerk of Court, per person served.
  • 1 copy of the process, per person served.
  • Cover letter stating who will accept possession of the property and that the plaintiff will provide labor and equipment necessary to complete the Replevin.
  • Self-addressed stamped envelope, if copy of Return of Service is required.

Fee: $90 per Writ ($40 per defendant plus $50 execution fee). Payment must be made by check, money order or exact amount in cash.

If you wish to have a Summons served at the same time as the Writ of Replevin

Requirements:

  • 1 original or 1 certified copy of the process, or 1 electronic copy of the process which was signed and certified by the Clerk of Court, per person served.
  • 1 copy of the process, per person served.
  • 1 copy of complaint or petition, per person served.
  • Self-addressed stamped envelope, if copy of Return of Service is required.

Fee: $40 per defendant for each summons to be served (check, money order or exact amount in cash.)

Distress Writ

Requirements:

  • 1 original, or 1 certified copy of the process, or 1 electronic copy of the process which was signed and certified by the Clerk of Court, per person served.
  • 1 copy of the process, per person served.
  • Self-addressed stamped envelope, if copy of Return of Service is required.

Fee: $40 per defendant (check, money order or exact amount in cash.)

All fees collected shall be non-refundable and shall be earned when each original request or service of process is made.

Writ of Execution and Sheriff Sale

Levy Instructions: Must be accompanied by a cost deposit. An original Writ of Execution must accompany the Instructions for Levy along with a copy of the Judgement Lein Certificate and a Creditors Affidavit. Levy forms are available at this Office. Cost deposits are collected in advance - FSS 30.231(3)

Vehicle - $3,000

Levy Instructions: Must be accompanied by a DMV print-out, which can be obtained by writing to the Department of Motor Vehicles, Neil Kirkman Building, Tallahassee, FL 32301. The name(s) on the DMV print-out must match those on the Writ of Execution EXACTLY. If they do not, you must furnish an Affidavit of Same Name, stating the reason you believe that they are one and the same.

Stock Certificate - $700

Must list the name of the corporation the stocks are issued in.

Personal Jewelry or Property - Call 861-4183 for quote.

Must list all items to be seized and a complete description of same.

Real Estate - $900

The Levy Instructions must contain a common or street address for the property. If the location is a vacant lot, you must furnish complete and specific directions to the property. A certified copy of the final judgment must be recorded with the Clerk of the Circuit Court in order to establish priority. A legal description and a copy of a warranty deed for that property must be provided by the plaintiff or the plaintiff's attorney.

Airplane/Boat/Household Items/Business Inventory, etc.

Cost deposits on these types of items are determined on an individual basis. Call to obtain the amount and have available all the specifics involved with your levy: type of property, location, how much property is to be seized, etc.

These cost deposits are an estimate of the costs (Sheriff's fees, towing and storage fees, advertising fees, recording fees, etc.) involved with a levy. Should the actual costs incurred be greater than the cost deposit, the plaintiff and/or attorney directing the levy will be responsible for any additional charges.

Civil Warrants, Orders of Commitment, Capias, Writs of Bodily Attachment, etc.

All private civil Warrants issued MUST be forwarded to our office by the Sheriff's Office of the issuing county. Fee: $90 per Warrant

Warrants to be Served in Sarasota County must meet the following requirements:

  • Two (2) certified copies of Order
  • Check made payable to Sheriff of Sarasota County
  • Information Sheet: Must indicate address, date of birth, and description of subject (i.e., race, sex, etc.)

Warrants to be Forwarded to Any Other County

Requirements:

  • Three (3) certified copies of Order
  • Check made payable to the Sheriff of the appropriate county
  • Information Sheet: Must indicate address, date of birth, and description of subject (i.e., race, sex, etc.)