Service Documents
The Civil Division processes approximately twenty-eight thousand
court documents a year. Although its jurisdiction encompasses all of
Lancaster County, the majority of these documents are served within the
Lincoln city limits. Because it is the state capital, Lincoln has several
large government agencies that receive a great number of papers. The Sheriff's
Office is responsible for serving process to the Attorney General's Office, the
Governor's Office, and all the correctional facilities in the county, including
the Nebraska State Penitentiary. These documents are received from government
agencies, private law offices, and private citizens. They include various
writs and orders from both civil and criminal courts here in Lancaster County
and from all over the country. Civil deputies serve writs such as subpoenas (documents
commanding an individual to appear in court to give testimony), summonses ( a
notice that a court action has commenced and directing an individual to appear
in court or take some other type of action), and protection orders (an order
barring a respondent from various types of interaction with a petitioner).
See the domestic orders information page.
Service Procedures
Upon receipt of process, pertinent information is recorded in a computerized
processing system. All process must have advanced fees or an attorney
account to bill or it will be sent back to the court without service.
The system records the employee number of the entry person, attorney information,
case information, and specific service information, as well as the deputy
assigned the paper. The five process deputies serve the majority of the process
received by the Civil Division. The geographical area for service is primarily
within the city limits of Lincoln and is divided into five districts. These
districts are delineated to more evenly distribute the number of services among
the deputies and reduce their travel time/mileage between attempts. When the deputy serves
the papers, or when the statutory return date is reached with no service having
been made, a return is sent to the court for every paper received. Return information
is also computerized and accessible online at the Civil
Process Inquiry webpage. In 2005, the Civil Division generated approximately
$533,711 in revenue for Lancaster County through service of process.
Additional Duties
Civil deputies are commissioned deputies with the same law enforcement powers as
patrol deputies. They utilize the same vehicles, uniforms, and equipment as
deputies in other divisions.
In addition to their process duties, deputies in the Civil Division monitor
ongoing calls for service for the Sheriff's Office and assist as backup when
practical. Because their duties are primarily in the city of Lincoln,
civil deputies also have the opportunity to assist the Lincoln Police
Department and other law enforcement agencies on occasion. Our Civil Division
support staff also has additional duties to those involved in the processing of
civil papers. They are responsible for the Sheriff's Office's accounting
services and for the routing of all incoming telephone calls and mail
during normal business hours.
Distress Warrant Collection
Every November the Sheriff's Office receives distress warrant information from
the Lancaster County Treasurer's Office. Distress warrants notify the Sheriff's
Office of individuals and businesses within Lancaster County that have delinquent
personal property taxes. The Sheriff's Office is mandated by state statute to
attempt to collect those unpaid taxes. After receiving the distress warrants,
the Civil Division sends written notices to those named on the warrants in an
attempt to obtain voluntary compliance. If direct payment is not obtained, a
civil deputy is then assigned to demand payment. This deputy can also seize and
sell personal property of the individual or business to satisfy the delinquent taxes.
For tax year 2003, this office received 737 such distress warrants with a total of $366,561
in unpaid taxes. Of those warrants, the Civil Division facilitated the satisfactory
disposition of 613 warrants and collected $222,887 in tax revenue.
Complex Writs
The Civil Division also receives certain types of writs that command the Sheriff's
Office to take some type of action. These writs are designated as complex writs.
They include such process as:
County Sheriff