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County Court writs


Question:
Will the Sheriff serve County Court writs in the same manner as District Court writs?

Answer:
Other than a few statutorily differences in time required for service and return, the Sheriff's Office will attempt service with the same diligence as District Court writs.

 

Replevin procedures


Question:
What procedures are involved when I file for a replevin?

Answer:
File the necessary paperwork with the Clerk of the appropriate Court. After we receive the replevin from the Clerk's office, the property will be appraised.

You must then post a bond with us for twice the appraised value within 24 hours. If a defendant posts the redelivery bond within 24 hours of the levy and prior to receipt of the plaintiff's undertaking and / or delivery, the property will be returned to the defendant.

Costs and sheriff's fees vary depending upon what is being seized. Towing and storage charges for vehicles for example, and other costs vary widely depending upon the circumstances.

State statute 33-120 allows a sheriff's office to demand advance payment for costs associated with executing a replevin. We will estimate these costs and it is your responsibility to pay these costs prior to execution of the replevin. Failure to pay sheriff's fees and costs in advance will result in the replevin being returned unsatisfied for failure of the attorney to pay costs.

 

How to check for service

 

Question:
How do I check for service?

Answer:

Telephone our office at 599-2600 between 8:00 a.m. and 4:00 p.m.

  • Be sure to have the docket and page of the action, and/or the correct spelling of the defendant's name as it appears on the writ(s).
  • Please call before 4:00 p.m. to avoid the rush of service inquiries between 4:00 and 4:30 p.m.

 

Defendant information on attachments, executions, etc.


Question:
What defendant information must I include for attachments, executions and replevins?

Answer:
Include as much descriptive information as possible including:

  • first and last name
  • middle initial
  • date of birth
  • current or last known address
  • social security number, etc.

When searching computerized ownership files for property on which to levy, it is possible for defendants with common names to have nearly 1,000 similarities making it virtually impossible to establish ownership.

Specific defendant descriptive information is often the only way to positively determine ownership. Including descriptive information as simple as a defendant's middle initial can mean the difference between identifying leviable property and not being able to determine ownership.

 

 

Serving Omaha Police officers


Question:
I have a subpoena for an Omaha Police officer that must be served immediately. Can the DCS handle this rush request?

Answer: No.
The Omaha Police Division has over 600 officers working four duty shifts at six or seven sites throughout the metropolitan area. They require at least three working days to locate and forward a subpoena to an officer.

Again, with cases docketed for months in advance, there are few legitimate reasons for requesting rush service.

 

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