Civil Enforcement


Noel Wilterding, Captain

OFFICE LOCATIONS

SAN BERNARDINO
157 W. 5th Street, 3rd Floor
San Bernardino, CA 92415-0455
(909) 387-5500
fax (909) 387-5630
civildocs@sbcsd.org

VICTORVILLE
14455 Civic Drive, Suite 400
Victorville, CA 92392
(760) 243-8757
fax (760) 243-8936
civildocs@sbcsd.org

HOURS OF OPERATION

Monday-Friday
8:00 AM – 4:00 PM

EXCLUDING COUNTY HOLIDAYS

 

Civil Liabilities

Civil Enforcement Unit

The staff assigned to the Sheriff’s Civil Enforcement Unit are dedicated professionals who process, serve and enforce the orders of the Superior Court of California – Civil, Family Law, and Probate Divisions. The unit also functions as the Levying Officer in the County of San Bernardino.

The Sheriff serves all mandated civil processes including wage garnishments, evictions, levies on personal and real property, restraining orders, Civil Bench Warrants, and Sheriff's sales. Our fees and processes conform to the regulations incorporated in the California Government Code and the California Code of Civil Procedure.

All requests for services must have written instructions with an original signature by the attorney of the party, or by the party, if he/she has no attorney; as required per Civil Code 262 and 687.010. The proper instructions form must be used, and all sections on the forms must be completed to avoid unnecessary delays in the processing of your documents. These instructions must specify the name of the person to be served and the physical street address for service. The Sheriff’s Department does not conduct investigations to locate persons for service of civil process. We do not perform service on post office boxes. The Instructions must also list the name(s) of the documents to be served. This list will be reflected on the Proof of Service.

All non-enforcement processes delivered to San Bernardino County from outside the State of California will be served if the appropriate fees are filed at the time of the request for service. We do not accept out of state Fee Waivers. If your state requires that the Return of Service be notarized, the request must be indicated on the instruction form with the additional notary fee of $15.00 per service, per person to be served.

The Civil Enforcement Unit requires the Plaintiff/Attorney to provide the following:

1. Original documents to be served.
2. Original and signed and dated Instructions for each service.
3. Earnings Withholding Orders (EWO) require the original application (Forms WG-001 and WG-035, if applicable).

Possession of Real Property (Eviction)

Once the plaintiff receives a Writ of Possession for Real Property, he or she must file it with the Sheriff with proper fees and written instructions to proceed with the lockout. The Sheriff will enforce the order after posting the notice.

Deposit $145.00. Instructions form CIV-002. Cancellation fee before posting $40.00; cancellation fee after posting $125.00.

Earnings Withholding Order (EWO)

An Earnings Withholding Order is a wage garnishment that continually seizes a percentage of a debtor's earnings until the judgment is satisfied or terminated by the Plaintiff or the Court.

Processing fee $35.00. Original application (Judicial Forms WG-001 and WG-035 if applicable).

Bank Levy

A Bank Levy is when the Garnishee takes the money from a debtor’s bank account to satisfy a judgment. This is a one-time seizure of monies in the debtor's account at the time the bank is served.

Processing fee $40.00 (Per bank service). Instructions form CIV-004.

Third-Party Levy

A Third-Party Levy occurs when a Garnishee either in possession of or in control of the debtor’s personal property delivers it to the Sheriff.

Processing fee $40.00. Instructions form CIV-004.

Till Tap Levy

If the debtor owns or is in a business that has a “Cash Till” on the premises, you may instruct the Sheriff to execute a Till Tap Levy. Money in the till is removed by the Sheriff and paid to the plaintiff. A receipt will be given to the debtor by the Sheriff.

Processing fee $100.00. Instructions form CIV-006.

Keeper Levy

A plaintiff, after receiving a judgment against a debtor who owns a business, may instruct the Sheriff to install a Sheriff’s keeper into the business. The keeper will take control of the business and collect all cash and checks made payable to the business.

Processing fee $240.00 for 8 hours. Refer to the fee schedule for additional options and costs. Instructions form CIV-006.

Vehicle Levy/Boat Levy

Purpose of process is to seize and sell the judgment debtor's vehicle/boat to satisfy a money judgment.

Deposit $1,500.00. Instructions form CIV-005.

Sheriff’s Sale

A Sheriff's Sale is conducted by a Sheriff upon Order of the Court after a failure to pay a judgment.

Deposit $1,500.00 (Levy and Sale). Personal property, instructions form CIV-005; Real property, instructions form CIV-007.

Domestic Violence Restraining Orders

A Domestic Violence Restraining Order is a court order that helps the protected party avoid abuse or threats of abuse from someone they have a special relationship with.

If you are a parent and your child is being abused, you can also file a restraining order on behalf of your child to protect your child (and you and other family members). If your child is 12 or older, he or she can file the restraining order on his or her own.

Processing fee: None. Instructions form CIV-001.

Elder Abuse Restraining Orders

An elder or dependent adult abuse restraining order is a court order for a person 65 years of age or older, or between 18 and 64 years of age if they have certain mental or physical disabilities that keep them from being able to participate in normal activities or protect themselves.  The order is for a person that is a victim of physical or financial abuse, neglect or abandonment, treatment that has physically or mentally hurt them or deprivation by a caregiver of basic things or services they need so the person will not suffer physically mentally or emotionally.

Processing fee: None. Instructions form CIV-001.

Harassment Restraining Orders

Harassment restraining orders are sought by those individuals who are victims of harassment in order to prevent further harassment. The parent or guardian of a minor who is being harassed may request a harassment restraining order on behalf of the minor. The harassment restraining order is filed by a petitioner against the harasser who becomes the respondent.

Processing fee: $40.00. Instructions form CIV-001.

Workplace Violence Restraining Orders

Under California law, courts can make orders to protect an employee from suffering unlawful violence or credible threats of violence at the workplace. The court can order a person to: Not harass or threaten the employee; not contact or go near the employee; and not have a gun.

A workplace violence restraining order must be requested by an employer on behalf of an employee who needs protection. The court order can last up to 3 years. The order can also protect certain family or household members of the employee and other employees at the employee’s workplace or other workplaces of the employer. These orders will be enforced by law enforcement agencies.

Processing fee: $40.00. Instructions form CIV-001.

Summons and Complaint

Summons: A written notification to a party named in a lawsuit directing the party to appear and defend or answer before the issuing court prior to a specified time.

Complaint: The original or initial pleading by which an action in court begins.

Processing fee $40.00. Instructions form CIV-003.

Summons and Petition

Petition: A formal written application to a court requesting judicial action on a domestic matter.

Processing fee $40.00. Instructions form CIV-003.

Summons and Complaint, Unlawful Detainer

A legal proceeding used by the landlord to end the tenancy without the consent of the tenant and gain possession of the property in question in an accelerated manner. Once the complaint is filed, an issuance of the summons is drawn up and the service of the complaint and summons are delivered to the defendant.

Processing fee $40.00. Instructions form CIV-003.

Notice of Hearing on Guardianship

A notice issued to a defendant and his/her guardian that a hearing is being held to determine the level of competence of the defendant and the appointment of a guardian.

“Guardianship of the Person,” is the legal term for having legal responsibility for a child who is not biologically related. Legal custody means making decisions for the child, which affects the care and supervision of the child.

“Ward” is the minor or child. “Petitioner” is the person requesting the hearing.

Processing fee $40.00. Instructions form CIV-003.

Request for Order (Family Law)

A Request for Order mandates that an individual make a court appearance to explain why the court should not take a proposed action. A court issues this type of order upon the application of a party requesting specific relief and providing the court with an affidavit or declaration (a sworn or affirmed statement alleging certain facts). A Request for Order is generally used in contempt actions, cases involving injunctive relief, and situations where time is of the essence.

Processing fee $40.00. Instructions form CIV-003.

Plaintiff’s Claim    

A person who brings a civil action against a defendant in a court of law.

Processing fee $40.00. Instructions form CIV-003.

Defendant’s Claim

Defendant’s Claim is a counterclaim in opposition to a previous claim made by the respondent.

Processing fee $40.00. Instructions form CIV-003.

Notice of Hearing

A Notice of Hearing is a prepared legal document that invokes all parties to hear a motion and may be sent out by any party. Most notably the notice contains a time and date for the defendant to be heard before the court enters a judgment.

Processing fee $40.00. Instructions form CIV-003.

Notice of Motion

A notification that is formal in nature, which is issued to one or more parties by the individual or company that has filed a motion before a court. The hearing will take place on the date stated on the notice.

Processing fee $40.00. Instructions form CIV-003.

Declarations

A declaration is the plaintiff's statement of a claim against the defendant, formally and specifically setting out the facts and circumstances that make up the case.

Processing fee $40.00. Instructions form CIV-003.

3 Day Notice to Pay Rent or Quit

Written notice to a tenant that initiates the eviction process. This gives the tenant the option of paying the rent and staying or vacating the property before filing an Unlawful Detainer Lawsuit.

Processing fee $40.00. Instructions form CIV-003.

Criminal Subpoena

Criminal Subpoena is a command to appear at a certain time and place to give testimony upon a certain matter.

Processing fee: None. Instructions form CIV-003.

Civil Subpoena

The process by which a witness is required to appear and testify in court or before some other tribunal or body.

Processing fee $40.00. Instructions form CIV-003.

Civil Subpoena Duces Tecum

Subpoena Duces Tecum is an order directed to an individual commanding him/her to appear in court on a certain day to testify or produce documents in a pending lawsuit.

Processing fee $40.00. Instructions form CIV-003.

Civil Bench Warrant

A Civil Bench Warrant is issued for failure to comply with a court order in a civil case, such as an order to appear in court.

Processing fee $50.00 (CCP 1993 Deposit $140.00). Instructions form CIV-003.

The Sheriff’s Civil Enforcement Unit attempts to maintain the highest accuracy of content on its website. Any errors or omissions should be reported for investigation. The Civil Enforcement Unit makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of its website and expressly disclaims liability for errors or omissions in the contents of this website. No warranty of any kind is given with respect to the contents of this website or its hyperlinks to other Internet resources.

San Bernardino County
Sheriff’s Department

655 East Third Street
San Bernardino, California 92415-0061

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