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CIVIL PROCESS
DIVISIONS
 
 

CIVIL PROCESS SERVICE

GLOSSARY OF KEY TERMS

Attachment:  A writ against property, which commands the sheriff to seize property belonging to the defendant to satisfy a claim of the plaintiff.

Competent:  A person who is capable of understanding the contents of the paper served.

Eviction:  A summons to the defendant to appear and answer a complaint for unlawfully detaining certain premises.

Execution:  A write to enforce a judgment, which requires the payment of money or the delivery of property.

Family Member:  In the service of process context, a family member is a relative who is part of the household. 

Garnishment:  An action whereby a creditor attempts to satisfy his/her claim by seizing assets that belong to the debtor but are in the hands of a third party.

Garnishee Defendant:  The party in a garnishment action who is holding the assets due to the debtor.

Haebeas Corpus:  A writ directed to a person detaining anther, commanding him/her to produce the body of the prisoner at a certain time and place.

Large Claims Action:  An action on a claim for greater than $5,000.

Personal Service:  The direct serving of a copy of the paper to the person to be served.

Posting:  A process where a copy of an eviction action is affixed onto some part of the premises where it can be conveniently read.

Principal Defendant:  The debtor in a garnishment action.

Reasonable Diligence:  A pursuit of leads or information reasonably calculated to make personal service possible.

Replevin:  A process commanding the sheriff to seize property, which is in the hands of the defendant.

Restraining Order:  An order after a hearing that is intended to protect one individual from violence, abuse, harassment, stalking, etc., by another.

Small Claims Action:  An action on a claim for $5,000 or less.

Substituted Service:  The serving of a copy of the paper at the party's usual place of abode to a competent member of the family at least fourteen years of age or to a competent adult currently residing in the abode.

Terminating Tenancy:  A writ notifying the tenant to vacate the premises at a specified time.

Usual Place of Abode:  The actual premises where the party sleeps, eats and gets mail, etc.

Writ of Restitution:  An action, which commands the sheriff to remove the defendant and goods from the premises so that the owner may have peaceful possession of the same and to satisfy the judgment for costs.

LCSO PROCESS SERVER
Captain Michael Horstman
Deputy Daniel Brown