The Butte County Sheriff's Civil Division is responsible for serving legal documents upon individuals and businesses in Butte County. The Division enforces court-ordered money judgments via levies upon wages, bank accounts, and real and personal property. The Division also enforces court-ordered evictions and serves civil bench warrants.
The Civil Division is located at 33 County Center Drive Oroville, Ca. 95965, and is open Monday through Friday, 8:00 a.m. to 4:30 p.m. Telephone assistance is available Monday through Friday, 8:00 a.m. to 4:30 p.m., at (530) 538-7483.
Please seek legal advice or refer to the Civil Code and Code of Civil Procedure for the detailed procedures on all the below.
How does a landlord evict a tenant?
How is a restraining order obtained?
How does a judgment creditor collect the judgment?
What if a judgment creditor does not know the assets of the judgment debtor for levy purposes, (i.e., where the debtor works, banks, and so on)?
What if you need legal papers served but do not have a service address?
1) How does a landlord evict a tenant?
A written notice must be served upon the tenant. The landlord may obtain the eviction notice at a stationery store. After service of the notice, if the tenant is still in possession of the premises after the term of the notice expires, then the landlord must sue the tenant in court to obtain a judgment to evict.
To sue the tenant, the landlord must obtain a Summons and Complaint for Unlawful Detainer from the Court. After service of this document upon the tenant and the tenant chooses to file an answer to the Complaint with the Court, a court hearing is set and heard. If the tenant does not file an answer to the Complaint, then the landlord can ask the court clerk for entry of a Default Judgment.
Once the landlord obtains judgment, he/she requests a Writ of Possession for Real Property to be issued by the Court and brings the original Writ and copies to the Sheriff's Civil Division for service. After completing the provided instruction form and paying the advance service fee, the Sheriff will serve or post the Writ of Possession .
The Sheriff will notify you of the eviction date and time to turn over possession and physically evict the tenant, if necessary.
Any property left behind by the tenant is the responsibility of the landlord to store for at least 15 days. During this time, the tenant may claim the property and be charged reasonable storage by the landlord. After the end of the 15-day period, if no claim to the property has been made, the landlord must determine the resale value of the property. If the resale value of the property is less than $300, then the landlord may dispose of it however he/she chooses. If the resale value is $300 or more, the landlord must conduct a public sale.
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2) How is a restraining order obtained?
You may obtain the legal forms from the court or receive help from a paralegal, legal aid or attorney. Once the documents are prepared, they will be submitted to the Court to either grant or deny the request for the restraining order. This office can serve the restraining order if the restrained party can be found in Butte County. There may be a service fee involved.
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3) How does a judgment creditor collect the judgment?
The most popular method of levy is a wage garnishment. The judgment creditor must provide the Sheriff with a Writ of Execution, a completed Application for Earnings Withholding Order (which this office provides), and the advance service fee. On the Application, the judgment creditor instructs the Sheriff to levy upon the debtor's wages, providing the employer's name and address.
Another method of levy is a bank garnishment. The judgment creditor must provide the Sheriff with the original and copies of the Writ of Execution, advance service fee and written instructions (instruction form obtained at this office). The written instructions will instruct the Sheriff to levy upon the debtor's bank account, providing the bank name and address.
Other levies include rents, vehicles, businesses, and real and personal property. Contact this office for further details regarding these levies.
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4) What if a judgment creditor does not know the assets of the judgment debtor for levy purposes, (i.e., where the debtor works, banks, and so on)?
The judgment creditor can go to the appropriate court clerk's office and request an Order of Examination to be issued. Small Claims Court
will have a similar Judgment Debtor's Statement of Assets procedure to follow. Once an Order of Examination is served upon the debtor, it requires him/her to appear in court to answer questions regarding his/her assets. If the debtor fails to appear at the hearing after being personally served by the Sheriff or Registered Process Server, a Civil Bench Warrant can be issued for their arrest.
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5) What if you need legal papers served but do not have a service address?
You must provide a physical address for service of the documents. All requests for service MUST include a Letter of Instruction. The letters must state the name and address for service, list names of ALL documents to be served, and be signed by the plaintiff or attorney with a return mailing address. We make three attempts to serve, Monday through Friday during regular business hours. We do not guarentee service and fees are not refundable.