What is Civil Process?
The Civil Process Division of Wayne County is responsible for a number of duties designated by the courts. The Civil Division Officer acts as a court liaison, or officer for the court. The Civil Division is to perform duties for the court such as the service of civil process paperwork. This can include, but is not limited to summons, subpoenas, restraining orders, notices, sheriff sales, executions, and orders to appear.
Civil Process Definitions
If you have been unable to find a specific definition of civil process, please contact the Wayne County Sheriff’s Office at (765) 973-9393, and simply ask for the Civil Process Division. Someone will be more than happy to answer any questions you may have.
- Summons: An order or command to attend or appear in court particularly to respond as a defendant to a charge.
- Subpoena: A written legal order directing a person or business to appear in court to give testimony or to produce records.
- Order: A command or direction from the court to appear or perform a duty/duties for the court.
- Notice: An announcement of information given to defendants as a warning of intention to end a particular agreement.
- Injunction: A writ or order from a court prohibiting a person from carrying out a given action or ordering a particular action to be done.
- Eviction: The process of removing a tenant or renter from a leased premise by legal procedure, as for failure to pay rent. Also closely linked to WRIT OF ASSISTANCE.
- Execution: A writ or order issued by a court giving authority to put a judgment into effect.
- Judgment: A debt or other obligation resulting from a court order.
- Order to Appear: an order from the court directing the defendant to appear in person in said court on a particular date and time.
- Garnishment: A notice ordering a person not to dispose of a defendant’s property or money in his possession pending further settlement of a lawsuit.
- Guardianship: Paperwork from the courts legally appointing a guardian to take charge of the affairs of a minor or an incapacitated person.
- Joint Preliminary: an order from the court directing the defendant not to Injunction dispose of any joint property of the parties without written permission of the court.
- Restraining Order: An order from the court directing the defendant to refrain from abusing, harassing, disturbing the peace of, or committing battery or bodily injury upon the plaintiff. Also called Protective Order.
- Immediate Possession: An order from the court directing the defendant to relinquish all rights of the property to the plaintiff. Usually occurs after non-payment of rent or lease.
- Petition to Revoke: an order or petition from the court revoking probation on the defendant usually due to violation of laws or rules set-aside by the probation.
- Emergency Detention: An order directing law enforcement to detain and transport defendant, who at the time may be mentally incapacitated, in such a manner as to help protect defendant from harm to himself/herself or others.
- Rule to Show Cause: A court order directing the defendant to appear in person of said court. Usually issued when defendant has failed to appear at a previous scheduled time and date. If defendant fails to appear at Rule to Show Cause hearing, a warrant will be issued for defendant’s arrest.
- Sheriff Sale: A court order directing the Sheriff’s Department to sell defendant’s property (usually real estate) to satisfy judgment owed to the plaintiff.
There are many different types of civil process paperwork that the Civil Process Division serves each day. Many of the different types of the civil paperwork can be left at the door of the defendant or with someone at the residence other than the defendant. Another copy of the paperwork is then mailed to the defendant, according to state statute. This type of paper is referred to as a "leaver".
Paperwork that cannot be left at a residence, either on the door or with someone at the residence is called a "reader". This type of paperwork is usually an order to appear, some type of restraining order, or some type of order that if an appearance is not made a warrant will be issued. If the defendant is not home at the time that service is attempted, the Civil Process Officer will leave a note directing the defendant to come to the Wayne County Sheriff’s Office to pick up his/her paperwork. The note will designate dates and times when the civil process paperwork can be picked up. If the defendant fails to pick up his/her paperwork, the court may find that punishment upon the defendant is probable.