| One of the most important duties of the Sheriff has always
been to serve and execute the various processes issued by and for the Courts of
North Carolina. The Sheriff shares, with other law enforcement agencies in the
county and the state, the responsibility of serving criminal papers such as
warrants, criminal summons, juvenile summons, and orders for arrest. However,
for civil cases and processes, the responsibility is held by the Sheriff alone.
English common law advised that "no suit could begin and no process be served
by anyone but the sheriff." Civil process means summons, writs, subpoenas,
orders, executions, claim and delivery of specific property, domestic violence
orders, custody orders, writs of possession, and other processes issued by the
civil courts to assist them in carrying out the functions assigned to them by
our state laws. "Service of process" is defined as the delivering of the papers
to the party or to a responsible party in person or at the residence of the
person being served. |
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Many inquiries the Burke County
Sheriff's Office receives relate to disputes of money amounts less that
$4,000.00. The public has many questions concerning landlord/tenant
relationships and the procedures for eviction, non-payment of bills or money
loaned, re-acquiring property now in possession of another, or other money
disputes. These questions are usually rectified by the complainant filing suit
against the offending party. |
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| To begin the process, the complainant or "plaintiff" must
have a magistrate's summons issued at the Clerk of Court's Office. It is the
duty of the Sheriff to see that the summons is served, giving notice to the
defendant that he is being sued and that a court hearing is scheduled for a
certain date. After the hearing in magistrate's court, a magistrate will enter
judgment and more papers may possibly be issued to enforce the court's ruling.
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| Disputes involving more than $4,000.00 but less than
$10,000.00 are heard in District Court and over $10,000.00 are heard in
Superior Court. These court actions begin with a civil summons issued by the
Clerk of Court and delivered to the defendant. Although there are other means
of service, almost all processes are delivered to the Civil Division of the
Sheriff's Office for service. |
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| The Burke County Sheriff's Office Civil Division is composed
of a Lieutenant, Sergeant, and three deputies. These officers must be part
bloodhound in locating people who have moved several times since the original
bill was incurred. The job requires computer skills, an ability to deal with
people in a courteous manner, initiative, math skills, and the desire to work
hard to complete the task at hand. |
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| The telephone number for the Civil Division Lieutenant is
(828) 438-5517, or you may e-mail the division at
civil@burkesheriff.org. |
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