Seward County Sheriff
Official: Michael Vance
Email: mvance@sewardcountyne.gov
Phone: (402)643-2359
FAX: (402) 643-4852
Location: 261 South 8th Street, Seward, NE 68434
Hours: 8:00 a.m. to 5:00 p.m.
Civil Process
Time of service of papers varies. A “notice” is left upon the first attempt with the Seward County Sheriff’s Office phone number and a reference to type of service attempted. This gives the to-be served party the opportunity to make arrangements for service for delivery or to pick it up at the Sheriff’s Office.
To facilitate and expedite service, it is important you furnish the most up to date information such as last known residence, place of employment, complete defendant personal information including middle initial, date of birth, social security number, last known address, vehicle descriptions and license numbers.
For the safety of the deputy and others, it is very important to state on your praecipe if a defendant has a history of violence, mental instability or communicable or infectious diseases.
Service fees
All papers issued to the Sheriff’s Office for service, whether it be from the Courts, the attorneys, or the litigants themselves, must have a prepaid deposit of $50. There are no exceptions to this requirement. This deposit is separate from any filing fees paid to the Court Clerk to have a paper issued so it will be necessary to either come directly to the Sheriff’s Office to leave the deposit, attach with papers being issued from court. Any paper received where fees are not obtained prior to service, will be returned directly to the Courts, with no service attempted.
A required deposit of $50.00 is required.
Types of Service
Residential Service – allows anyone of suitable age, living at the same address as the defendant, to be served.
Personal Service – requires the Deputy to deliver the paper personally to the person named on the paper.
Constructive Service – If you have trouble locating an avoiding or difficult defendant, you have the option of filing a motion for substitute or constructive service under State Statute §25-517.02. This Statute states; Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be made
(1) by leaving the process at the defendant’s usual place of residence and mailing a copy by first-class mail to the defendant’s last-known address,
(2) by publication, or
(3) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard.
If you know that a defendant is going to be difficult to serve or has a history of avoiding service, please provide us with as much information as possible. Additional information increases the likelihood of successful service
EVICTION NOTICE
One of the most frequently inquired civil procedures is the eviction process. The Sheriff’s Office is prohibited from providing legal advice on how to proceed, but it can give information about its involvement in the process. For detailed information or legal advice, please contact an attorney, or follow references provided at the end of this article. There are three steps involved in a legal eviction and they are listed, in order:
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Notice to Quit
The first step in this process initiated by the landlord can be a three or thirty day notice. The landlord may desire to have the Sheriff’s Office serve this writ. Fees for this are the same as standard service fees for other types of writs however there are no statutes that dictate a particular type of service or return day.
Sheriff’s Office policy is to attempt service as soon as practical, and service could be either personal, residential or may be accomplished by posting a notice at the residence. The Sheriff’s Office does not provide forms for these notices, nor give advice as to their content. It should also be noted that this notice is NOT a court document. It does not order their removal; it simply tells the tenant that if they have not evacuated the property by the given day, the case will be taken to the court for an eviction process.
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Summons of Restitution
After the service of the notice, should the tenant fail to move, the landlord may then commence suit in one of the courts. The Summons, or notice of suit, may be sent to the Sheriff’s Office for service. It contains a time and date for trial and must be returned to the court within three days of its issuance. Service may be personal or residential. If the landlord prevails at trial, a Writ of Restitution may be issued. Service fees are required for service prior to receiving such writ from the court.
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Writ of Restitution
A Writ of Restitution directs the Sheriff to remove the defendant and restore the premises to the plaintiff. It is the policy of the Sheriff’s Office to execute such writs by attempting to obtain voluntary compliance from the defendant in a fashion which minimizes any unnecessary hardship. In the absence of compliance, the Office will execute the Writ by removing the occupants personally and/or by changing the locks on the premises. The Office will remove personal property only when specifically directed to do so by Court Order.
The Writ of Restitution must be executed within ten days of issuance. Because of this relatively narrow window, it will be executed without delay. To expedite the process, the plaintiff should provide a contact name and phone number.
STATUTE INFORMATION
The Nebraska State Law Library and some office supply stores may have forms and additional information to assist you.
Following is a list of statutes that are applicable to these proceedings. They are in no way all-inclusive to this subject and are not to be construed as legal advice.
Nebraska Statutes are available at http://www.leg.ne.gov/laws/laws.php
25-21,219 through 25-21,235 : – Forcible entry and detainer
76-1401 through 76-1449 : – Landlord and Tenant Act
76-1450 through 76-14,111 : – Mobile Home Landlord and Tenant Act
69-2301 through 69-2314 : – Disposition of Personal Property Landlord and Tenant Act