Civil Division

Can the Sheriff’s Civil Division guarantee my papers will be served?

No, we cannot make a guarantee that every paper will be served. There are many factors which could prevent a successful service such as the person has moved, there is not enough time for service or the fact that some individuals will actively try to avoid service.

How many attempts will be made to serve my civil papers before they are returned to me?

We will make at least three attempts at different times on different days. This is considered Due Diligence.

How do I cancel a service?

Cancelling any service must be done in writing. You may mail, email, or bring in a written document signed by the person who requested the service. Request to cancel must contain the following:

• Case number.

• Levy number (if available).

• Reason for cancellation.

• Requestor name and signature.

Fees? See Civil Division Fee Schedule

You must pay the required fee deposit, in advance. The Sheriff is entitled to their fee whether the service/levy is successful or unsuccessful pursuant to Govt. Code 26736 and Govt. Code 26738.

What method of payment can I use?

We accept cash, money orders, cashiers’ checks, and personal checks. All checks should be made payable to the Monterey County Sheriff’s Civil Division.

Why did the Sheriff charge me even though my paperwork was not served?

The Sheriff's fees are established by statute. The Sheriff must charge a fee not only for service but also for a Not Found or Cancellation.

A Not Found fee is charged if the person cannot be served at the given address. For example, a Not Found fee is charged if the process cannot be served at an address because the person no longer works or lives there.

A Cancellation fee is charged if you want to cancel the service after it has been received into our system.

Why have I been garnished?

If an employer has been served with an Earnings Withholding Order, they will receive two copies, a copy for the employee and a copy for the employer. The employer is required to give the employee their copy.

If you require additional information about why you are being garnished, contact the creditor or attorney who has requested the garnishment.

When will my wages be garnished?

Garnishments will typically start the first paycheck after valid service of the Earnings Withholding Order has taken place.

The Civil Unit collects $15.00 from every garnishment processed so please take that into consideration when figuring out total funds credited toward monies owed.

Disbursement of Funds

Monies received by the Sheriff, from a levy, are held for at least 15 days before being released and could be as long as 30 days to the judgment creditor or refunded to the judgment debtor.

How does the claim of exemption process work?

The debtor is required to complete the appropriate Claim of Exemption form and a Financial Statement form. The debtor must then bring or mail the original and one (1) copies of these completed forms to the Sheriff’s Civil Division.

There is no fee to file a claim of exemption. 

The original will remain in our file and a copy will be mailed to the creditor or creditor’s attorney.

The creditor may file a Notice of Opposition with the Sheriff’s Civil Division if they oppose your request for Claim of Exemption. You will then be notified by mail of a court hearing date. Your matter will then be heard by a judge to determine the claim or amount of modification.

If there is no response from the creditor our office will automatically release any monies being held or modify your garnishment. This action does not stop the levy.

However, the Civil Division will hold all funds until we hear from the attorney/ creditor or the judge. Our office will not process an emailed or faxed copy of your claim. NOTE: a claim of exemption submitted for an enforcement of judgment is time sensitive.