There are three steps to the eviction process:
- The Notice to Vacate/Demand for Possession - can be served by a disinterested party.
- Summons and Forcible Entry and Detainer - can be served by a disinterested party.
- Writ of Restitution – this can only be served by a Sheriff’s Deputy.
See Eviction Definitions for more information.
When does a landlord need a civil standby?
- During the execution of the Writ of Restitution.
- To obtain personal items from the residence after a protection order or a dissolution of marriage has been served.
Knowing When a Party Has Been Served
Once the party has been successfully served, we will complete the Return of Service and mail the completed Return of Service, along with our invoice for service, to all attorneys and businesses. If the paperwork is originally filed in the Delta Courts, as a courtesy to individuals, we will forward the completed Return of Service to the Delta Courts for filing and mail the statement to you.
If we cannot locate the party after three attempts to serve, we will complete a Non-found Return of Service and that will be forwarded to the courts or returned to you with the rest of the service packet.
If you filed in a different county, the completed Return of Service or Non-found Return will be returned to the customer and you will be responsible for filing the return of service with the appropriate court.
You can call the Civil Office during normal business hours to check status of your service request.
Landlord and Tenant Rights
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