Civil Service FAQ

1. The plaintiff will need to serve the respondent with a written notice to remove themselves from the property. This will need to be served either in person, with a witness, or through certified mail. Plaintiff must also include in the notice a reasonable amount of time for the respondent to remove themselves from the property. (If you have any questions regarding this process, you will need to contact an attorney, as the Benton County Sheriff’s office does not give legal advice)

2. If the respondent has not moved within the time allowed you will need to contact an attorney and begin the process for a Writ of Possession. Keep in mind the Sheriff’s Office cannot intervene until there is a court order.

3. Your attorney will then have the court issue a Civil Summons and Complaint along with a Notice of Intent to issue a Writ of Possession. The respondent will only have 5 days to file a response to the Notice of Intent for Writ of Possession to the Circuit Clerk’s office and 30 days to file a response to the Summons and Complaint. The Sheriff’s Office can serve. (See List of Service Fee Amounts)

4. If the respondent has not filed a response to the Notice of Intent to issue a Writ if Possession with in the 5 days your attorney will have the court issue a Writ of Possession. Upon the issuance of a Writ of Possession, the Sheriff’s Office will serve the respondent (see service fee amounts) and allow them a minimum of 24 hours to vacate the premise.

5. If the respondent is not gone after the 24hrs is up, it will be the plaintiffs responsibility to securely move and store the respondents personal items in a public storage, advising the respondent of the location and information.

6. The Sheriff’s Office will be present during the time of lock out, keep the peace and ensure the property is returned to the plaintiff possession. Once the property has been handed over to plaintiff, it will be a criminal act for the respondent to return to the property without approval from the plaintiff.

The Sheriff’s Office does not assist in the retrieval of your personal property from a spouse or roommate without an order from the court. Once a court order has been issued, a Deputy will assist you in gaining your personal items. However, we are not a Judge and will not make any kind of decision as to what property belongs to you or your roommate/spouse. That is considered a Civil matter and will need to be addressed through the court).

The Sheriff’s office can serve the above mentioned for a fee (see service fee for amounts).

Further questions can be answered through our Civil Division:
Monday thru Friday
8:00am – 4:30pm

Civil Service Fee
Subpoena $50.00
Summons With Complaint $50.00
Summons With Petition $50.00
Summons With Complaint & Petition $80.00
Summons With Complaint & Order $80.00
Summons With Complaint &Notice $80.00
Notice $50.00
Order of Delivery $50.00
Writ of Garnishment $50.00
Summons With Petition $50.00
Writ of Assistance $50.00
Writ of Possession $50.00
Writ of Execution $150.00
Commission for Sheriff Sale 10%
Accident Reports $10.00
Civil Standby $50.00