Civil Processing

Civil Process

Out of State Process

Effective July 23, 2007, the Osceola County Sheriff’s Office no longer serves out of state process. Private process servers may be able to assist with this type of operation. For a complete listing of process servers, call Judicial Services at (407)742-6500 or go straight to the Special Process Services section of our website.

ALL FEES ARE NONREFUNDABLE

Non-Enforceable Processes are $40 to include but are not limited to the following:

  • Summonses
  • Subpoenas
  • Notices

Enforceable Processes are $90 to include but are not limited to the following:

  • Writ of Possessions
  • Writ of Replevins
  • Writ of Attachments
  • Civil Arrest Orders
  • Assist Orders

Standby Fees $31 (Hourly rate per Deputy after first hour; Cash only)

Levies

Levy cost $40 for preparation and $50 for service totaling $90 per levy.

  • Personal Property (Deposit) $2,200.00
  • Real Property (Deposit) $600.00

Service Information

We require a MINIMUM of Ten (10) working days to process and serve 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

Statute (F.S.S. 30.031 (3)) 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

  • Visa or Mastercard
  • Attorney Trust Accounts (In-State Only)
  • Cashier Checks
  • Money Orders (U.S. Postal preferred)

We are unable to accept cash or any personal checks. Per Florida Statute, fees for service are non-refundable.

Writ of Execution

  • A final judgment is not a Court Order for the Sheriff to take any action. It merely 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).
  • A “hold-harmless” agreement must be included stating the plaintiff or requesting party shall be responsible for any wrongful Levy and the Sheriff will be held blameless for any damages whatsoever when following the Instructions for Levy.
  • 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
  • Same Name Affidavit if Person Has a Known Alias Name

Real Property Levies

  • Writ of Execution / Creditor’s Affidavit
  • Instructions for Levy with Physical and Legal Address
  • Cost Deposit
  • Addresses of All Parties
  • Copy of Warranty Deed or Quit Claim Deed for Proof of Ownership
  • Same Name Affidavit if Person Has a Known Alias

If your levy process contains any special circumstances involving a cost, the Sheriff’s Office must be contacted for a quote.

  • 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 before the sale. The cost of the legal publication 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.