Civil Process

Sheriff's Office Badge
The Civil Process Unit is responsible for carrying out the duties imposed and mandated upon the Sheriff as an officer of the court system, as required by law, and as they pertain to:


• Forcible Entry and Detainer (FED) actions;
• Writs of Garnishment;
• Abuse Prevention Restraining Orders;
• Extraordinary Writs;
• Notice Processes;
• Writs of Execution;
• Property Sales; and,
• Criminal, Juvenile, and Civil Subpoena service.

Our office is open Monday through Friday from 9 a.m. to 5 p.m., except  legal holidays.

The information contained in this website is for general information purposes only. By law, the Civil Process Unit may not give legal advice. Please consult an attorney for any legal guidance.

What types of services require a service fee?

 Types of service requiring a service fee include:

  • Summons;

  • Citation;

  • Civil Subpoena;

  • Notice;

  • Order;

  • Small Claims;

  • Writ of Execution; and,

  • Writ of garnishment, or similar judicial documents.

What are the fees for civil services?

Basic service fees are equal to the number of people served at the same address*:

Up to 2 people (one address) $36.00
3+ people (one address) $20.00 per person
2 people (2 addresses) $72.00
1 person (multiple addresses attempted)                    $72.00

Basic service fees for specific documents are as follows*:

Service of a Notice of Restitution for 2 tenants   $36.00 
Service of a Notice of Restitution for 3 tenants ($20 per additional person)                  $60.00
Delivery of a Writ of Garnishment $25.00
Basic Enforcement $70.00 
Providing copies (per page copied) $3.00

*Please note that "et all" or "All other Occupants" counts as a party in all FED Processes.

What is the fee for Service Enforcement for Forcible Entry and Detainer (FED) Writ of Execution?

Fee for Service of Enforcement for Forcible Entry and Detainer (FED) Writ of Execution*:

 Number of Tenants      Service Total Fee
 1-2 $70.00 + $36.00          $106.00
 3 $70.00 +$60.00 $130.00
 4 $70.00 + $80.00 $150.00

     

Other applicable fees:

$40.00  - Mileage fee (for addresses located more than 75 miles round-trip from 125 E. 8th Avenue, Eugene)           
$25.00  -  Returned check fee        

 

*Please note that “Et Al” or “All Other Occupants” count as a party in all FED Processes.

 

Fees are non-refundable. If you have questions about the fees, please contact our Civil Process Unit at 541-682-4156, Monday through Friday from 10 a.m. to 4 p.m.

How do I file a restraining order?

You can petition the Lane County Circuit Court for a restraining order. You must personally appear before a judge before a restraining order will be granted. For further information, contact the court at 541-682-4020.

Lane County Victim Services provides advocates to assist with the restraining order process and will accompany the petitioner to court. For further information on these services, contact Victim’s Services at 541-682-4523.

OSP Video - How to file a restraining order

How do I evict a tenant?

FED eviction is a court process. A landlord must sue the tenant in a court for possession of the premises. The sheriff serves legal papers and, if the tenant does not comply with the court's orders, physically evicts the tenant. For further information on the legal process, visit the Oregon State Bar Association’s Landlord and Tenant Law website.

How do I file a Writ of Garnishment?

What We Need To Get Started:

  • Proof of payment to financial institution for fees,  ie copy of check, receipt from bank. 
  • Letter of Instruction – Must request seizure/sale. Must be signed by an attorney and include the date the writ was served on the bank and the date the garnishee response was filed in Lane County Circuit Court. Please check ORS for time lines. Include the name and address of the bank where garnishment will occur.
  • Copy of the Writ and Garnishee Response MUST be attached to the request for seizure.
  • Copy of Judgment – (Must be signed by a judge)
  • An initial deposit of $600. The deposit will cover:
    • Fee of $106. ($36 service fee, $70 enforcement fee, per ORS)
    • If the contents are to be sold by the Sheriff’s Office, the following fees will apply. Please remember all garnishments are different and additional fees may apply above the $600 deposit.
      • Posting in three public places $108 or $250 for the OSSA website. May include up to three pictures on OSSA website posting. Please include in letter of instruction how you would like the items posted. Ie OSSA website or in three public places
      • Current mailing, copying & folio fees.
      • Addition deputy standby fees may apply if seizure and/or sale take over 1 hour in time.
  • Challenge to Execution Form
  • New instructions after seizure if property is to be sold.
    • What to release.
    • What to sell.
    •  Opening bids on each item to be sold.
    • Who to mail notice to, debtor and any others. Must include addresses.

My child's other parent won't return my child after a visitation period. How can I get my child?

The court can issue the sheriff an order to take custody of a child and return the child to the custodial parent. This is generally accomplished through the restraining order process, or through an Order of Assistance/Writ of Assistance. Victim Services in the District Attorney’s office can assist with obtaining a Restraining Order. You can reach Victim Services by calling 541-682-4523.

I can't find an address to serve the defendant my civil papers. Can the sheriff do a background check for the defendant?

No. The sheriff does not perform detective services to locate a defendant. We are also restricted from using criminal databases to assist individuals.

What type of papers does the sheriff serve?

The sheriff serves legal papers that have been filed with a court of law or issued by a governmental administrative agency. The sheriff does not serve letters or sealed envelopes.

I have a judgment and the debtor won't pay. How can I collect?

The court can issue Writs of Garnishment or Writs of Execution as methods of seizing property.

A Writ of Garnishment directs a third party to turn over property or money that the third party has in their possession. A Writ of Execution directs the sheriff to seize property that is in the possession of the debtor. The creditor needs to determine who has the property of the debtor and which legal mechanism to use.

Resources

The information contained in this website is for general information purposes only. By law, the Civil Unit may not give legal advice. Please consult an attorney for any legal guidance.

Possible legal resources:

1.        OregonLawHelp.org


2.        Tel-Law Program 1-800-452-4776

3.        Lane County Legal Aid
              376 E 11th Ave.
              Eugene, OR 97401
              (541) 485-1017

4.        Oregon State Bar
              Mailing Address:  P.O. Box 231935 Tigard, OR 97281-1935
              Physical Location: 16037 SW Upper Boones Ferry Rd (Directions) Tigard, OR 97224

              (503) 620-0222 or Inside Oregon: 1 (800) 452-8260
              Fax: (503) 684-1366
              Email: General OSB Inquiries: info@osbar.org

5.        Law libraries located at any courthouse or university

6.        For information regarding specific civil matters, refer to the Oregon Revised Statutes.