Civil Division Fees for Service
The established fees for the service of process have been set forth by Florida Statute 30.231 and are nonrefundable.
It is the policy of the Sumter County Sheriff's Office that Personal Checks will not be accepted as a form of payment. Acceptable methods of payment are cash, money order, or cashiers check. Money orders should be made out to: "Sumter County Sheriff's Office". Checks for payment will only be accepted from current members of the Florida Bar.
Documents not in proper format, or those with incorrect fees or incorrect payee on money order, will be returned.
The standard minimum fee for each non-enforceable service is $40.00 per Florida Statute 30.231(4).
**Out-of-State Non-Enforceable Process: The Sumter County Sheriff's Office does not serve out-of-state non-enforceable process. Per Florida State Statute 48.195, you must contact a private process server. A list of certified private process servers for this area may be located through a national directory or by visiting the State of Florida's Fifth Judicial Circuit website and clicking Court Administration and then Process Servers. The exception to this will be Emergency Out-of-State Protection Orders that are signed by a judge.
|Type of Service||Cost of Service|
|Injunction for Protection (Domestic/Restraining Orders): Requires two original certified injunctions, petition, description sheet, notice of hearing.||No Service Fee|
|Summons, Witness Subpoenas and Writs (except Executions):||$40 for each person or entity served|
|All Writs:||$50 in addition to $40 processing fee|
|Writ of Replevins: Provide complete description of property being seized, serial number or identifying number/trademark, service address where property is located, copy of court order for issuance of writ and copy of bond posted with court. If property is in a locked area, a break order is required.||Add an additional $40 service fee for each additional person to be served. Standby Charge: If replevin of property will exceed one hour, a minimum standby charge of $30 per hour per deputy is to be paid in advance (rate assessed in hourly increments with a three hour minimum).|
|Writ of Possession: Landlord/Tenant or after foreclosure along with documents issued from court, name and telephone number of landlord or authorized agent are required. The landlord or agent is responsible for arranging a locksmith to be present when the eviction is finalized if so desired.||Standby Charge: If a deputy sheriff is requested to stand by for more than one hour, the request must be in writing when the writ is presented for service. Request must be accompanied by a nonrefundable fee ($30 per hour, three hour minimum).|
|Distress Writ: Service only, unless we get an order to levy.||$40 for each person served|
|Writ of Attachment (Property & Real Estate): Provide copy of bond posted with court, copy of court order for issuance of writ and levy instructions listing property being attached (attachment is not a break order; if contents are at a location that is locked, a break order is required). Writ of Attachment (Real Estate): Must be accompanied by levy instructions showing legal description and street address.||$40 processing fee in addition to $50 Levy fee/attachment. Plus a sufficient cost deposit to cover moving/storage/clerk recording fees. Please call for an estimate.|
|Type of Levy||Cost Deposit|
|Real Estate||$1000 cost deposit|
|Personal Property||$4000 cost deposit|
|Assets of Business: Must provide specific inventory of business assets||Call for fees and cost deposit|
|Personal Assets: Can levy if person is single. If married, the judgment must be against both husband and wife. Provide specific inventory of household furnishings||Call for cost deposit|
|Boats: Provide location of boat, description and size, name of boat, Florida and decal number or documentation number and port of documentation. Also advise whether boat is in or out of water||Call for cost deposit|
|Airplanes: Provide description of airplane, location, aircraft registration number, and an FAA title and lien search.||Call for cost deposit|
*The Sheriff's Office may require additional deposits if the expenses exceed the amount deposited.
Executions require additional fees per Florida State Statute 30.231 plus prepayment of anticipated expenses (reasonable cost deposit to be paid in advance). When sending in levy instructions, the following additional information is required to mail out sales notices after levy: name and address of attorney of record for defendant and current or last known address of defendant or other parties who should be notified of sale. When estimating cost deposits, a standby charge of $30 per hour per deputy (rate assessed in hourly increments with a three hour minimum) will be included in the estimate to cover the deputy's time at the location after the first hour. These cost deposits are an estimate of anticipated charges; if actual charges exceed the estimate, additional funds must be paid immediately upon request.
Required Forms for the Levy Procedure (Originals or Certified Originals) the following are requirements that must be met before the Sheriff can levy on personal or real property. It is the responsibility of the levying creditor/moving writ to supply these forms to the Sheriff's Office.
- Original Writ of Execution - It must be the original execution, signed and sealed by the Clerk of the Court.
- Original Instruction for Levy- It specifically describes the property to be levied upon by the Sheriff. It must be specific and complete. *This is created by the plaintiff*
- Personal Property Creditor's Affidavit or Real Property Creditor's Affidavit Pursuant to F.S. 56.27 (4)
- Affidavit of Same Name If the defendant is also known with another name, surname etc., this affidavit is required. It must have the original signature and print name of the attorney/plaintiff and must be notarized.
- Proof of ownership (Warranty Deed if on real property or certified DHSMV VIN# report on personal titled property)
- Copy of Judgment Lien Certificate
- Certified Final Judgment.
- Addresses of all parties to be noticed
- Levy Cost Deposit The deposit is required to cover the Sheriff's fees and other costs such as wrecker services, storage and moving, newspaper advertisement, clerk's recording fees, etc.
There may be instances where the property sold does not bring sufficient money to cover all costs incurred by our office, in that event, the levy deposit will be used to cover all the cost incurred. Once the levied property has been picked up, per your instruction, the levied item is held by the Sumter County Sheriff's Office. We will hold the Sheriff's Sale of the levied item and sell at public auction to the highest bidder for CASH at our office. It is to your advantage to be present at the Sheriff's Sale to protect your interest. At time of sale, exact cash is the only form of payment accepted. Sales are subject to all liens and encumbrances.
All money received under execution/levy procedure will be paid in the following order:
- All Sheriff's costs
- $500 to the moving creditor (plaintiff) as Liquidated Expenses.
- Judgment liens held by the Sheriff in the order that they have been recorded with the Department of State, and if land, by the recorded judgments with the Clerk of the Court.
***Depending on the outcome of the bid at the Sheriff's Sale, which we will have executed on your behalf, you may receive a full, partial or no reimbursement of your deposit.
- Advertisement fee $40
- Bill of Sale $40
- Holding Sale $40
- Satisfaction Fee $40
- Recording Clerk's Fees (minimum $10 per page recording; Notice of Sheriff's Levy, Notice of SHeriff's Sale, Release of Levy, and Satisfaction of Judgment to be recorded)
- Certified Mail Costs
- All towing, storage, newspaper ad costs, etc