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Civil Division
The Civil Division of the Monterey County Sheriff's Office provides a full range of civil services. This includes service of process for all civil documents and assistance in enforcement of judgment processes.
Services
Service of Process
In order for our office to properly serve documents, we must have the following items:
Two copies of the documents (per defendant) to be served.
An original signed letter of instruction, it must contain the following information:
Name of the person(s) or business/entity to be served as it appears on the documents.
An address for service (you may provide more than one address, the address for service must be located in Monterey County.
Plus, any additional information that will assist in service.
Please note that payment must be received at the same time documents are provided to us. A fee is charged per person(s) or business/entity to be served. We accept cash or check.
Forms & Documents
English forms
Downloadable forms:
SER-001 - Instructions to the Office of the Sheriff Civil process
SER-001A - Special Instructions for Writs and Levies (Sent in conjunction with SER-001)
English documents
Civil Division’s Contact Information
Office email: socivil@countyofmonterey.gov
Office line: 831-755-3712
(This office line is a non-emergency line. If you're having an emergency, please stop and dial 9-1-1.)
Civil Division's Mailing Address
Monterey County Sheriff's Office, Civil Division
1414 Natividad Road
Salinas CA, 93906
Frequently Asked Questions
Prior to contacting us, please review the frequently asked questions below.
If your question still isn’t answered, please contact our unit. Our contact information is provided below.
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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..
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Fees? See Civil Division Fee Schedule
You must pay 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.
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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.
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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 here 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.