Various types of
papers that we serve:
Notices - An information, advice, or written warning, in more or less
formal shape, intended to apprise a person of some proceeding in which his
interests are involved, or informing him of some fact which it is his right to
know and the duty of the notifying party to communicate.
Executions - Personal Property - A general execution is a writ
commanding an officer to satisfy a judgment out of any personal property of the
defendant. If authorizing him to levy only on certain specified property, the
writ is sometimes called a special execution. In other words simply stated, the
sheriff is ordered to levy on any and all non-exempt property. A general
execution can be by garnishment, sheriff sale or levy.
- A garnishment is a legal proceeding taken by a "creditor" after a judgment is
received from a court against a "debtor". If the creditor knows that the debtor
has money, or property, in the hands of a "garnishee" (wages owed by the
debtor's employer, funds in a bank account, etc.), the creditor can take as much
as the law allows.
- A court order prohibiting someone from doing some specified act or commanding
someone to undo some wrong or injury. A prohibitive, equitable remedy issued or
granted by a court at the suit of a party complainant, directed to a party
defendant in the action, or to a party made a defendant for that purpose,
forbidding the latter from doing some act which he is threatening or attempting
to commit, or restraining him in the continuance thereof, such act being unjust
an inequitable, injurious to the plaintiff, and not such as can be adequately
redressed by an action at law. A judicial process operating in personam, and
requiring person to whom it is directed to do or refrain from doing a particular
thing. Generally, it is a preventive and protective remedy, aimed at future
acts, and is not intended to redress past wrongs.
Injunction - A preliminary or provisional injunction, or one granted
pending the lawsuit; as opposed to a final or perpetual injunction. A
provisional remedy to preserve subject matter of controversy pending trial. It
is one which operates until dissolved by interlocutory order (meaning: one which
does not finally determine a course of action by only decides some intervening
matter pertaining to the cause, and which requires further steps to be taken in
order to enable the court to adjudicate the cause on the merits.) until final
hearing on matter. (Also refer to temporary restraining order)
- A mandate, precept; a command or direction authoritatively given; a rule or
regulation. Direction of a court or judge made or entered in writing, and not
included in a judgment, which determines some point or directs some step in the
proceedings. An application or an order is a motion.
Order - An order which may issue upon the filing of an application for
an injunction forbidding the defendant to do the threatened act until a hearing
on the application can be held. Though the term is sometimes used as a synonym
of "injunction," a restraining order is properly distinguished from an
injunction in that the former is intended only as a restraint upon the defendant
until the propriety of granting an injunction, temporary or perpetual, can be
determined, and it does no more than restrain the proceedings until such
Restraining Order - An emergency judicial remedy of brief duration
which may issue only in exceptional circumstances and only until the trial court
can hear arguments or evidence, as the circumstances require, on the subject
matter of the controversy and otherwise determine what relief is appropriate.
Court order which is issued to maintain status quo pending a hearing on an
application for an injunction.
Cause Order - Court order, decree, execution, etc, to appear as
directed, and present to the court such reasons and considerations as one has to
offer why a particular order, decree, etc. should not be confirmed, take effect,
be executed, or as the case may be.
Estate Sales General Execution - General Execution: is a writ
commanding an officer to satisfy a judgment out of property of the defendant. It
is for a money judgment.
Estate Sales Special Execution - A copy of a judgment with a direction
to the sheriff that lists the specific property the judgment was rendered
- A process to cause a witness to appear and give testimony, commanding him to
lay aside all pretenses and excuses, and appear before a court or magistrate
therein named at a time therein mentioned to testify for the party named under a
penalty therein mentioned.
- A writ, directed to the sheriff or other proper officer, requiring him to
notify the person named that an action has been commenced against him in the
court whence the writ issues, and that he is required to appear, on a day named,
and answer the complaint in such action.
- A writ issued out of a court of competent jurisdiction, commanding a person
therein named to appear on a day named and do something therein mentioned, or
show cause why he should not.
of Replevin - An action whereby the owner or person entitled to
repossession of goods or chattels may recover those goods or chattels from one
who has wrongfully distrained or taken or who wrongfully detains such good or
chattels. Also refers to a provisional remedy that is an incident to a replevin
action which allows the plaintiff at any time before judgment to take the
disputed properly from the defendant and hold the property pending the lawsuit.
CLICK HERE FOR CLAY COUNTY SHERIFF'S OFFICE EVICTION PROCEDURES
CLICK HERE TO VIEW THE NOTICE OF NONPAYMENT OF RENT AND TERMINATION OF
CLICK HERE TO VIEW THE THREE-DAY RENTAL TERMINATION AND NOTICE TO QUIT
CLICK HERE FOR CLAY COUNTY SHERIFF'S OFFICE PUBLIC RECORDS POLICY AND FEES
NEW GARNISHMENT PROCEDURES - EFFECTIVE JULY 1, 2014