Thursday, October 23, 2014
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Process Procedures

EVICTIONS

Evictions are usually completed on the 7th day after a writ of execution has been received by our office. To accomplish an eviction you must first serve the tenant with a 3-day, 30-day or 60-day notice. Contact an attorney if you do not know which notice is appropriate. After the noticed time has expired, the tenant must be served with a summons and complaint unlawful detainer. The fee for serving a notice, a summons & complaint, or unlawful detainer is $35.00 per person. After judgment has been rendered by the court, the court will issue you a writ of execution. We require the original writ and a letter of instructions. The letter of instructions must be signed by the attorney of record, or plaintiff, if there is no attorney. No one else may sign the instructions. A fee of $125.00 is also required. We normally post a 5-day notice to vacate the day after we receive the writ. Prior to the eviction we will contact you or your agent, to advise you of the time you will need to meet us at the property for the eviction. Be prepared at the time of contact to tell us it the tenants have or have not vacated.

At the time of the eviction, be prepared to provide the officer entry to the premises. Generally, a locksmith, passkey, or other means of accomplishing entry is used. The officer will remove the defendants if they are present and post a restoration notice to the front of the property. After the officer has enforced the eviction and returned possession of the property to you, please contact your local law enforcement agency non-emergency phone number to report any violation by the former tenant.

If you or your agent do not appear at the scheduled time or if you cannot provide us with access to the property, the eviction will not take place.


WAGE LEVIES

All wage levies are served by certified mail.  When a wage levy is served the employer has 15 days to send us an answer stating whether they are or are not going to honor the levy. Please allow at least 30 days for receipt of your copy. If the creditor does not receive an answer from the employer, the creditor should contact the employer, not the Sheriff. The employer is not to withhold any monies prior to ten days after the levy. After the 10 days have expired, they are to withhold funds from the next pay check and forward them to the Sheriff It is not unusual for it to take at least 60 days for the creditor to receive the first payment from the Sheriff The employer is to withhold funds and forward them to the Sheriff until the levy has been satisfied or released. To release a levy, we will need a letter from the attorney or plaintiff, if there is no attorney or an order from the court. The Sheriff's fee is automatically added to the levy.


BANK LEVIES

Bank levies are valid only for the monies that are in the bank account at the moment the bank receives the levy. The bank will send us an answer, in approximately 10 days, stating the amount of funds, if any, that were withheld. We will send the creditor a copy of that answer. If you do not receive a copy of the answer within approximately 30 days, please contact the bank, not the Sheriff. The Sheriff's fee is automatically added to the levy.

 
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Stanislaus County Sheriff's Department
Adam Christianson, Sheriff-Coroner
250 E Hackett Road
Modesto CA 95358

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Stanislaus County CaliforniaStanislaus County Sheriff's Department

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