CIVIL PROCESS
DIVISIONS
 
 

CIVIL PROCESS SERVICE

TIME REQUIREMENTS FOR KEY ACTIONS

EvictionReturn date shall be not less than five working days nor more than thirty days from the issue date.  The paper must be served not less than five working days prior to the return date.

Execution:

Notice of Mortgage Foreclosure - Sale shall be advertised by posting at least three weeks prior to the date of sale.

Notice of Sale of Personal Property - Notice of sale shall be posted at least twenty days before the date of sale.

Garnishment:  A garnishment summons and complaint shall be served on the "garnishee defendant" in conformity with the standard procedure for a small claims action or a large claims action - whichever is applicable.  Notice of such service or a copy of the garnishee summons and complaint, together with the summons in the principal action, shall be served on the "principal defendant" no later than ten business days after service on the "garnishee defendant."
Large Claims Action:  The paper must be served within ninety days of filing.

Replevin:

Replevin as a small claims action - The paper must be served eight business days before the return date.  The return date for the summons served must be less than eight business days from the issue date nor more than thirty days from the issue date.

Replevin as a large claims action - The paper must be served within ninety days of filing.

Restraining Orders:  Unless otherwise specified, they can be served right up to the time of the hearing.

Small Claims Action: 

General - a small claims action must be served at least eight working days before the date the party must appear.  The date of appearance shall be not less than eight working days from the issue date and no more than thirty days from the issue date.

Small claims, eviction action - see above.

Writ of Restitution:  No writ shall be executed if received by the sheriff more than thirty days after is issuance.
LCSO PROCESS SERVER
Captain Michael Horstman
Deputy Daniel Brown