| 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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