Civil

The Civil Process Division serves as the administrative arm of the court fulfilling the sheriff’s statutory requirements to serve all legal processes generated by the court system. These processes include summons, writs for executions (enforcement of money judgments), writs for possession (real and personal property), child support orders, domestic violence orders, civil orders for arrest, subpoenas and evictions. The Civil Process Division serves approximately 6,300 documents annually.

Service Fees:
In-state papers $30
Out-of-state papers $50

Fees are per person being served even if at the same address.

Paperwork Needed:

  • Original summons (including attachments as necessary)
  • Original Return of Service form
  • One copy for each person being served
  • If original is to be returned to the plaintiff or an attorney, please included a self-addressed stamped envelope

Notes:

  • Parties being served must be located in Duplin County
  • Physical address required – we are unable to serve to a post office box
  • Ensure documents have been signed by the clerk of court, contain the file number and court date (if applicable)

Payment: Check, Cash, or Money Order

Payable to: Duplin County Sheriff’s Office

Mailing:
Duplin County Sheriff’s Office
Civil Process Division
Post Office 908
Kenansville, NC  28349

Questions:
Lieutenant Mike Maready (910) 296-2150 or (910) 271-2891 or Sgt. Randy Forster (910) 296-2150
Monday through Friday 8:00 a. m. – 5:00 p. m.

The Civil Division also enforces levies and writs of attachment, writs of execution (real and personal property), and conducts sheriff’s auction sales to aid in the collection of money judgments. For information about having these types of documents served, contact Lieutenant Mike Maready at  (910) 296-2150 Monday through Friday from 8:00 a. m. until 5:00 p. m.

Eviction Process

One of the most  common inquires received by the Duplin County Sheriff’s Office Civil Division relates to the eviction process. Questions about this process should be directed to an attorney. The sheriff’s office and the clerk of court staff cannot give legal advice. The information below is provided as general information to help understand the eviction process.

In order to evict a tenant, the landlord must follow certain steps unless all parties come to an agreement and the tenants leave voluntarily. If an agreement fails to be reached between the landlord and tenant and the landlord wishes to proceed with the eviction process, the landlord (plaintiff):

  • Must give a 10 day written or verbal notice to the tenants to vacate.
  • Obtain a Magistrate Summons/Complaint in Summary Ejectment from the Duplin County Clerk of Court. The clerk’s office is located on the first floor of the Duplin County Courthouse, Room 101. The clerk’s office will issue a Summary Ejectment and set a court date within seven days of the date of issuance. For questions about forms and fees, contact the clerk’s office at 910-275-7000.
  • Bring the Summons to the Duplin County Sheriff’s Office for service. The fee for service is $30 per person listed as a tenant to be served, even if at the same address. If the deputy is unable to personally serve the summons and complaint on the tenant, the deputy will attach the summons and complaint to the front door of the property (service by posting).
  • Attend the small claims court hearing. If the tenant loses the case and is ordered evicted, he/she will have 10 days to vacate the property or appeal the verdict. If the tenant appeals the decision, he/she must give the landlord notice that he/she is appealing. The appeal will be heard in district court. At the end of 10 days, if no appeal is filed and the tenants have not left voluntarily, then the landlord must return to the clerk’s office and obtain a Writ of Possession. This is the court order that is delivered to the sheriff’s office to actually do the eviction. In order for a sheriff’s deputy to remove a tenant, a Writ of Possession for Real Property is necessary.
  • Once the Writ of Possession order is received by the sheriff’s office, the deputy must serve the order within five days of receipt.
  • On the date and time of the eviction, the landlord must have someone meet the sheriff’s deputy at the rental property. The landlord should come prepared to change the locks and be able to secure the rental property. If no one shows up, the deputy will return the paperwork unserved.
  • If personal property is left at the rental property, the landlord must either store the property at the landlord’s expense off site or leave it secured on the property for seven days. The tenants have the right to request their personal property within the seven day period. The landlord must make arrangements to allow the tenants to get their personal property. The tenants will not be allowed back in the rental property once the eviction is complete without permission of the landlord or they could be charged with breaking and entering. At the end of the seven days, the landlord may dispose of the property.