The Sheriff is generally required to serve all
process and notices in the manner prescribed by law (Govt. C 26608). The California law governing the duties of
the Sheriff is widely disseminated as the duties themselves are varied. References to the obligations of the office
are found in three different sections of the State Constitution, in almost all
of the California codes, in all county charters, and in hundreds of court
The Sheriff is a county officer (Govt. C
24000b). He is obligated to obey orders
of the courts of the state of California and to serve process and notices
delivered to him for service. The
Sheriff is under a duty to return the process or notice “without delay”. The officer is not under a duty to serve
process the instant he receives it, but he is required to do so with reasonable
speed and diligence. What constitutes
reasonable diligence varies with the circumstances of the case.
Process includes a writ or summons issued in the
course of judicial proceedings of either a civil or criminal nature. Process also includes all writs, warrants,
summons, and orders of court of justice, or judicial officers. Notice includes all papers and orders
required to be served in any proceedings.
Examples of these are Application and Order for Appearance and
Examination, Order to Show Cause, Plaintiff’s Claim & Order to Defendant,
Request for Order, Subpoenas, Summons & Complaint, and Summons &
The Civil Division provides this service to the
public as well as collects and disburses money on levies, earnings withholding
orders, third party levies, till taps, keeper levies, and automobile levies. Levying Officer means the Sheriff or marshal
(CCP 680.260). In addition to the
process to be served, the Sheriff is entitled to receive written instructions
signed by the party requesting service or his attorney, and a deposit of monies
sufficient to prepay his fees and expenses (CCP 262, CCP 262.1).
Our website is intended to provide helpful
information, inform you of our policies and procedures, and Sheriff’s
instructions forms for most of our civil process service and enforcement
actions. If you have questions about the
processes the Sheriff serves, please contact us at (530) 538-7483. This site is for information purposes only
and not legal advice. Please contact an
attorney if you have a legal question and need legal advice.
hours of operation:
Office 8:00am – 4:30pm, Monday - Friday, excluding holidays
Courts, Self-Help Center California Courts,
Self-Help Center (http://www.courts.ca.gov/selfhelp.htm)
Courts, Online Forms at forms.htm (http://www.courts.ca.gov/forms.htm)
Sheriff’s Forms ~
of Instructions (LOI)
For Bank Levy PDF
For Earnings Withholding Order
(Application WG-001 must be used)
For Eviction Process PDF
For “General” Services PDF
Application for Earnings Withholding Order ~ WG-001
Claim of Exemption (Wage Garnishment) ~ WG-006
Claim of Exemption (Enforcement of Judgment) ~ EJ-160
Financial Statement ~ WG-007/EJ-165
Property Levy Instructions PDF
2014 Holiday Calendar
Eviction Process through the Superior Court
Fees for Services (We accept check, cash or money order ONLY, no Debit or CreditCards)
EVICTION PROCESS SERVICES
Instruction for 3-Day, 30-Day or 60-Day Notice(s)
Instructions for Summons &
Complaint Unlawful Detainer
Instructions for Evictions
GARNISHMENT PROCESS SERVICES
Bank Levy Instructions
Earnings Withholding Order
EXEMPTION FORMS FOR GARNISHMENTS
Bank Levy Claim
Withholding Order Claim of Exemption
GENERAL PROCESS SERVICES
Order to Show Cause
Plaintiff’s Claim & Order to
Defendant to go to Small Claims Court
Request for Order
Summons & Complaint Services
Summons & Petition Services
Temporary Restraining Orders
Service of other, generic Civil
SharpSelf Help flyer
Sheriff’s Letter of Instructions (LOI)
Per CCP 262, a Letter of
Instruction MUST accompany all service requests. If not using our generic fill in form, the
following 4 items are required:
1. Addressed to Butte County Sheriff.
2. Name(s) and complete address(s) [include city, state, and zip] of person(s) to be served ~ Please list name as it appears on the court documents.
3. Name/List of document(s) to be served.
4. Signed (Original “wet” signature) by Plaintiff
or the Attorney for Plaintiff [if you have one], including requestor address
and daytime phone number.
You may also provide us
with any additional information you have (i.e. gender, date of birth, age,
description: hair / eye color, height, weight, vehicle info:
Our Process for Service
The Civil Division of the Butte County Sheriff’s
Office will attempt to process and serve your documents in a timely
manner. NOTE: Service Is Not Guaranteed,
Date and Time of Service Is Not Guaranteed, Productivity of a Levy Is Not
We cannot provide any legal advice
It is our policy to issue a receipt when cash is
received. If you pay by check, the Proof
of Service will be your receipt.
We make 2-3 attempts of
service, Monday through Friday during business hours (excluding holidays).
We shred ALL un-served
Proof of Service
For all General Services:
After 2-3 attempts are completed,
we will mail a Proof of Service, whether successful or unsuccessful, to the
address provided on the Letter of Instruction.
If a hearing date is noted, the Original Proof of Service is sent
directly to the Court for you. If you
receive two copies of the Proof of Service, it is your responsibility to file with
the Court. If we are unsuccessful the
Proof of Service will show the dates and times attempts were made.
On WRIT of Execution Processes (Bank Levy or Wage Garnishment):
A Proof of Service is not issued. For a Wage Garnishment, we send a copy of the
Employer’s Return form to the Attorney/Creditor. When the Bank returns the Memorandum of
Garnishee, it is forwarded to the Attorney/Creditor.
At the end of a Wage Garnishment or Bank Levy
Process, we prepare a Return to Court / WRIT of Execution detailing the
Sheriff’s actions. The Original Return
and WRIT are sent to the Court who issued the WRIT. A copy is mailed to the Attorney/Creditor.
REQUIRED FOR ALL WRITS ~ Effective January 01, 2011
CCP 712.020(h) & CCP 699.520(k), ALL WRITS MUST state whether the case is “limited” or “unlimited”.