Civil Unit

The Civil Unit has two teams which are made up of Civil Deputies and Child Support Deputies. The Sheriff's Office Civil Unit is responsible for the service of all civil processes within Sampson County. The processes come from Sampson County citizens as well as other North Carolina counties and states as well.

These processes include:

  • Civil and Magistrate Summons
  • Claim and Deliveries
  • Writs for Possession and Writs of Execution
  • Civil Orders for Arrest
  • Tax Warrants
  • Attachments
  • Temporary and Permanent Restraining Orders
  • Child Custody Orders

EVICTION PROCESS INFORMATION

  • You must obtain a Magistrate Summons / Complaint in Summary Ejectment from the Clerk of Court.
  • The Clerk of Court is required to set the court date for Summary Ejectment.
  • You will have to appear in small claims court on the day assigned.
  • If a judgment is ruled in your favor, the defendant has ten days to appeal.
  • If the defendant has not moved out within the ten day period, a Writ of Possession of Real Property is necessary for the Sheriff to evict the tenant(s).
  • The Writ will be carried out within seven days of receipt..

CIVIL DISPUTES

  • Civil Disputes involving less than $5,000.00 will be held in small claims court.
  • Disputes involving claims more than $5,000.00 and less than $10,000.00 are heard in District Court.
  • Any Dispute over $10,000.00 is heard in Superior Court.

INFORMATION REGARDING THE SERVICE OF YOUR CASE
Any information you have regarding the person to be served will be helpful in expediting the service of your case. Please questions about your case please call the Civil Division at (910) 592-4141 or come by the office at 112 Fontana St. Clinton, NC 28328.


 

PROCEDURE FOR SERVICE OF IN-STATE CIVIL PROCESS
Service fee for in-state Civil Process is $30.00 per person

 

Documents required:

 

  • Original Summons/Notice/Order/Subpoena (to be returned to the Clerk of Court-If you wish for a copy to be mailed to you, enclose a self-addressed stamped envelope)
  • Original Summons/Notice/Order/Subpoena (to be served to defendant(s)-with complaint or attachments for each defendant)
  • Affidavit of Service (if not provided on service documents)

PROCEDURE FOR SERVICE OF OUT OF STATE CIVIL PROCESS
Service fee for out-of-state process is $30.00 per person.

Documents required:

  • Original Summons (including attachments as necessary)
  • Original Return of Service form
  • One copy for each person being served
  • Letter of instruction or special needs
  • Affidavit of Service (if not provided on service documents)
  • Self-addressed stamped envelope for return of service to you

Additional information:

  • Originals must be sent-no copies, faxes or e-mails will be served
  • Parties to be served must be located in Sampson County.
  • Physical address is required, no service on Post Office box
  • Service fee must be paid in full before service is attempted
  • Ensure documents have been signed by the Clerk of Court, containing the file number and court date (if applicable)

PAYMENT METHODS:
Cash, Money Orders, or Cashiers Check are accepted. Personal Checks are not accepted for payment of Executions.

Money Orders and Cashiers Checks should be made payable to Sampson County Sheriff's Office at Civil Process Division, 112 Fontana St. Clinton, NC 28328.

English common law advised that "no suit could begin and no process served by anyone but the Sheriff." The Sheriff's Office may share serving criminal process with other law enforcement agencies in the county and state; however for civil cases and processes, the responsibility is held by the Sheriff alone.