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CIVIL PROCESS DIVISION
What is Civil Process?
The Civil Process Division of Wayne County is responsible
for a number of duties designated by the courts. The Civil Division Officer
acts as a court liaison, or officer for the court. The Civil Division
is to perform duties for the court such as the service of civil process
paperwork. This can include, but is not limited to summons, subpoenas,
restraining orders, notices, sheriff sales, executions, and orders to
appear.
Definitions of Civil Process terms:
Summons- An order or command to attend or appear in court particularly
to respond as a defendant to a charge.
Subpoena- A written legal order directing a person or business to appear
in court to give testimony or to produce records.
Order- A command or direction from the court to appear or perform a duty/duties
for the court.
Notice- An announcement of information given to defendants as a warning
of intention to end a particular agreement.
Injunction- A writ or order from a court prohibiting a person from carrying
out a given action or ordering a particular action to be done.
Eviction- The process of removing a tenant or renter from a leased premise
by legal procedure, as for failure to pay rent. Also closely linked to
WRIT OF ASSISTANCE.
Execution- A writ or order issued by a court giving authority to put
a judgment into effect.
Judgment- A debt or other obligation resulting from a court order.
Order to Appear- an order from the court directing the defendant to appear
in person in said court on a particular date and time.
Garnishment- A notice ordering a person not to dispose of a defendant’s
property or money in his possession pending further settlement of a lawsuit.
Guardianship- Paperwork from the courts legally appointing a guardian
to take charge of the affairs of a minor or an incapacitated person.
Joint Preliminary- an order from the court directing the defendant not
to Injunction dispose of any joint property of the parties without written
permission of the court.
Restraining Order- An order from the court directing the defendant to
refrain from abusing, harassing, disturbing the peace of, or committing
battery or bodily injury upon the plaintiff. Also called PROTECTIVE ORDER.
Immediate Possession- An order from the court directing the defendant
to relinquish all rights of the property to the plaintiff. Usually occurs
after non-payment of rent or lease.
Petition to Revoke- an order or petition from the court revoking probation
on the defendant usually due to violation of laws or rules set-aside by
the probation.
Emergency Detention- An order directing law enforcement to detain and
transport defendant, who at the time may be mentally incapacitated, in
such a manner as to help protect defendant from harm to himself/herself
or others.
Rule to Show Cause- A court order directing the defendant to appear in
person of said court. Usually issued when defendant has failed to appear
at a previous scheduled time and date. If defendant fails to appear at
Rule to Show Cause hearing, a warrant will be issued for defendant’s
arrest.
Sheriff Sale- A court order directing the Sheriff’s Department to
sell defendant’s property (usually real estate) to satisfy judgment
owed to the plaintiff.
If you have been unable to find a civil process definition above, please
contact the Wayne County Sheriff’s Department at (765) 973-9393,
and simply ask for the Civil Process Division. Someone will be more than
happy to answer any questions you may have.
There are many different types of civil process paperwork that the Civil
Process Division serves each day. Many of the different types of the civil
paperwork can be left at the door of the defendant or with someone at
the residence other than the defendant. Another copy of the paperwork
is then mailed to the defendant, according to state statute. This type
of paper is referred to as a "leaver".
Paperwork that cannot be left at a residence, either on the door
or with someone at the residence is called a "reader". This type of paperwork
is usually an order to appear, some type of restraining order, or some
type of order that if an appearance is not made a warrant will be issued.
If the defendant is not home at the time that service is attempted, the
Civil Process Officer will leave a note directing the defendant to come
to the Wayne County Sheriff’s Department to pick up his/her paperwork.
On the note it will designate dates and times when the civil process paperwork
can be picked up. If the defendant fails to pick up his/her paperwork,
the court may find that punishment upon the defendant is probable.
Sheriff Sales
One of the important duties of the Wayne County Sheriff’s Department
Civil Process Officer is the handling and selling of property at Sheriff
Sales. In accordance with IC 32-8-16-1. Properties sold at Sheriff Sales
are typically mortgage foreclosures. Currently, all of the Sheriff Sales
is scheduled on at 10:00 a.m. at the Wayne County Sheriff’s Department’s
conference room. See individual notices for sale dates. Sheriff Sale notices
are posted at three(3) or more locations including the Wayne County Sheriff’s
Department, the Wayne County Courthouse, and the Wayne County Administration
Building. The Sheriff Sale property is also advertised in the Palladium
Item in the legal section of the newspaper, in accordance with state statute.
If the property being sold is located outside of the city of Richmond,
a notice will be posted at the appropriate post office that delivers mail
to the Sheriff Sale property. The Sheriff’s Department does not warrant
the accuracy of the street address published in the Sheriff Sale notices.
All sales are held at the Wayne County Sheriff’s Department, 200
East Main Street, Richmond, IN 47374. Bidding starts promptly at 10:00
a.m. Once the bidding of the property starts, no one outside the bidding
room will be permitted in. Prior to being authorized to bid, the bidder
needs to provide this Office with a letter from his/her financial institution
stating the amount the bidder has in an account, whether it be savings
or checking, or the amount that the bidder has been pre-approved for.
This letter needs to be on financial institution letterhead with the name
of a contact person to verify funds. All bidding authorization letters
are kept confidentially on file at the Wayne County Sheriff’s Department.
All bidding is conducted verbally, so the bidder is aware if he/she is
the "successful bidder". Successful bidder is defined as the bidder who
receives the property due to his/her bid being the highest accepted by
the Civil Process Officer. After the sale, the successful bidder will
accompany the Civil Process Officer to the Civil Process Division for
additional information and the monies to be collected. 10% of the total
amount due is to be collected at the time of the sale. Prior to 2:00 p.m.
the same day of the sale, the full amount of the bid is due. The full
amount of the bid needs to be in the form of a cashier’s check, certified
check, or bank check made out to the Sheriff of Wayne County.
The Wayne County Sheriff’s Department does issue a deed; however,
this does not guarantee a clear and free title. To obtain a clear title,
a title and lien search must be done on the property. Occasionally, there
are additional liens on properties sold at Sheriff Sale that the new buyer
is responsible for.
Frequently, there will be delinquent taxes and penalties owed on the
property which is being offered for Sheriff Sale. The majority of the
delinquent taxes and penalties will be paid out of the proceeds of the
sale; however, we must follow the foreclosure decree signed by the presiding
judge over the court. A Sheriff Sale differs from that of a Tax Sale.
The Sheriff's Department while the Treasurer of the County performs a
Tax Sale performs Sheriff Sales. Sheriff Sales are mortgage foreclosures
due to delinquencies in making mortgage payments. Tax Sales are due to
delinquencies by not paying property taxes.
Another important duty of the Civil Process Officer is the collection
of tax warrants monies. The Indiana Department of Revenue issues tax warrants
to the County Sheriff’s Departments. The Sheriff’s Departments
then act as a collection agency for the Indiana Department of Revenue
by collecting money due the state from the individual taxpayers. When
a warrant is received by the Sheriff’s Department, the Civil Process
Officer mails out a warrant letter advising the tax payer that there is
a tax warrant and money due. The letter also advises the taxpayer of the
type of tax. This could be, retail sales, excise, withholding, and the
most common, individual income. The letter will also advise of the liability
period when the delinquency occurred.
Once the taxpayer has received the warrant letter from the Wayne County
Sheriff’s Department, the taxpayer has 15 days to respond. The taxpayer
can pay the warrant in full or set up payments through this Office. If
the warrant is not paid in full in a timely fashion, there will be additional
interest added to the balance due until the total amount of the warrant
is paid off. If the taxpayer wishes to set up payments, they may do so
by calling the Civil Process Division or stopping by the Wayne County
Sheriff’s Department in person. The Indiana Department of Revenue
requests that the Wayne County Sheriff’s Department collect between
10% to 15% monthly of the total amount due. For example, if the taxpayer
owes $1352.89, the total amount due each month would be at least
approximately $136.00.
Additionally, the Indiana Department of Revenue may place a lien
on private and personal property owned by the taxpayer until the tax warrant
is paid in full. Once the tax warrant has been satisfied, the Indiana
Department of Revenue will then lift any liens they have placed.
Monies collected for tax warrants are distributed to the proper accounts
at the Indiana Department of Revenue at the beginning of each month. In
accordance with IC 6-8.1-8-3. |
