In keeping with the provisions of F.S.S.30.231, this is to advise that effective July 1, 2009, the following fee schedule will be applicable.
|All Summons / Writs Subpoenas||$40.00|
|Writ of Attachments||$90.00|
|Write of Possession (persons only)||$90.00|
|Civil Arrest Orders||$90.00|
|Standby Fees (Hourly Rate per Deputy; Cash Only)||$31.00|
Out of State Process
Effective July 23, 2007, the Osceola County Sheriff’s Office no longer serves out of state process. Service of this type of process may be obtained by private process servers. For a complete listing of process servers, call Judicial Services at (407)742-6500 or click here to go straight to the Special Process Services section of our website.
|Levy (per location)||$50.00|
|Bill of Sale or Deed||$40.00|
|Satisfaction of Judgement||$40.00|
|The required cost deposit may be more substantial if it is determined extra costs are needed to effect the levy.|
(Small trucks, Motorcycles, small boats)
We require a MINIMUM of Ten (10) working days to process and serve your papers.
Florida Statutes require the party requesting service to provide the Sheriff with the best known address where service may be made. Unacceptable addresses include:
- Post office boxes
- Rural routes
- General delivery
- Any other address which does not provide a physical description
The statute (F.S.S. 30.031 (3)) also directs the requesting party to provide the Sheriff with an Original or Certified Copy of the process and sufficient copies to be served on the parties receiving the process.
Method of Payment
Methods of payment are:
- Attorney Trust Accounts (In State Only)
- Cashier checks
- Money orders (U.S. Postal preferred)
We are unable to accept any personal checks. Per Florida Statute, fees for service are non-refundable.
Writs of Execution
- A final judgment is not a Court Order for the Sheriff to take any action. It simply shows that you have been awarded a judgment. The Writ of Execution obtained from the Clerk of Courts directs the Sheriff to take action per F.S.S. 56.031.
- The Sheriff is required by law to charge a fee for each step taken under a Writ of Execution per F.S.S. 30.231 (1)(d).
- It is the responsibility of the levying creditor/moving writ holder to supply the following forms to the Sheriff:
Personal Property Levies
- Writ of Execution
- Instructions for Levy and Proof of Ownership
- Cost Deposit
- Address of all parties
- Creditor’s Affidavit, Chapter 56.27
Real Property Levies
- Writ of Execution / Real Property Affidavit
- Instructions for Levy with Physical and Legal
- Cost Deposit
- Addresses of all parties
- Copy of Warrenty Deed to prove ownership
- Creditor’s Affidavit, Real Property, Chapter 56.27
If you do not have an attorney, the Sheriff’s Office has instructions for Levy forms which you may obtain. On this form, you have to list whatever properties belonging to the defendant you wish the Sheriff to make Levy upon. It may be real property (real estate) or personal property, such as a car, boat or motorcycle; and you must specifically describe it using a legal description, VIN number (vehicle identification number), serial number, make, model, or model number or other specific descriptor. This form states that you release the Sheriff from any wrongful Levy. If the item(s) to be levied upon is unusually large, has to be stored, requires movers to be hired, or includes other circumstances involving a cost, the Sheriff’s Office must be contacted for a quote. The deposit for a vehicle is $2,200. This will cover the fees for levying and newspaper advertising. The deposit for a vehicle is larger because of the expense for towing, and storage. The deposit for levying on real estate is $600 unless the legal description is unusually long which will increase the cost of advertising. This deposit is payable in advance and is allowed by law in F.S.S. 30.231(1)(d).
- The Instructions for Levy form must correspond with the information on the Writ of Execution, i.e.: court, case number, style of case. The defendant on whom the levy is to be made must be named in the body of the writ; and the instructions, the balance due on the writ and the interest rate must be reflected in the Instructions for Levy. (F.S.S. 30.30 (1)(b).
- The Sheriff will only levy and advertise on the property described in the Instructions for Levy, so it is important that the description of the property be complete and accurate.
- When the property has been levied upon, the Sheriff must advertise it as a legal advertisement in the newspaper once a week for four (4) consecutive weeks prior to the sale. The cost of the legal advertisement is deducted from the deposit.
- The defendant may pay off the Execution any time after the levy and before the sale by paying the amount owed, plus any court costs, and Sheriff’s fees and costs.
- Money not used out of your cost deposit will be refunded to you.
When the property goes to sale, it is sold to the highest bidder(s) subject to any taxes, judgments, liens and encumbrances, FOR CASH IN HAND. There is no way of telling what the highest bid will be and the amount will be applied to what is owed.