Civil Process Unit
Brian Wallace, Chief Civil Deputy
Physical Address:Marion County Sheriff's OfficeMarion County Courthouse100 High St. NE, basementSalem, OR 97301
Mailing Address: Marion County Sheriff's OfficeAttn: CivilP.O. Box 14500Salem, OR 97309
Online Notice of Sheriff Sales- View Current Auctions in Oregon Counties. For more information about this new method of notice, please read the Oregon State Sheriffs' Association Bulletin. Check your civil paper status online
Service FeesRequirements For Serving Civil ProcessRestraining Orders/Protection Orders Legal Questions 1. SERVICE FEES
Civil process fees are as follows:
Pursuant to ORS 21.300, the sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the sheriff:
Service Fee Breakdown:
For Small Claims, Summons/Complaint or Petition, F.E.D. Summons/Complaint, Notice of Restitution, Civil Subpoena, or any notice process not mentioned herein, follow the schedule below. (For process service over 75 miles roundtrip from Salem, such as Detroit and Idanha, the fees are an additional $40.00)1 Person: $36.002 People, 1 Address: $36.002 People, 2 Addresses: $72.003 People, 1 Address: $60.004 People, 1 Address: $80.00
NOTE: In Forcible Entry and Detainer (F.E.D.) or eviction processes, Et Al (or all others) counts as 1 person. Each listed defendant counts as one person being served at the residence. Example: The cost for Jane Doe and John Doe, et al would be $60.00.
Delivery of a Writ of Garnishment:
Writ/Order of Assistance:
Writ of Execution (Real Property):
Writ of Execution (all others):
$70.00 to $106.00 (Varies – subject to additional fees such as storage, moving company, boarding, etc depending on what the writ & letter of instructions directs the Sheriff to do. Publication fees for sales are not included, the newspaper determines this amount. Additional fees for actual cost of postage and copying apply to most executions).
Restraining Orders/Protective Orders:
Deputy stand-by fee:
$69.73 per hour (after the first hour) per deputy, not prorated.
Deputy stand-by fee Overtime Rate:
$3.00 per folio. Otherwise, $5.00 minimum and $.25 per page after 20 pages.
$10 (for Sheriff certificate of sale, Sheriff's deed or out of state process which requires a notarized affidavit of service). This office does not perform notarial services for the general public.
Writ of Execution:of Judgment of Restitution or Eviction (Move Out)
No. of defendants
All other notice process, if not covered above, is $36.00 for up to two people at one address. If more than one address or one person is to be served, follow the schedule above.
MAKE CHECKS PAYABLE TO M.C.S.O. (Marion County Sheriff’s Office)
2. REQUIREMENTS FOR SERVING CIVIL PROCESS
In order for the Sheriff’s Office to process and serve papers, we need the following:
The appropriate fee. If you are sending the documents in the mail, please include a check, money order, or cashier’s check.
A service address (physical address). We do not accept papers with a Post Office Box as the address listed for the defendant.
A cover letter/letter of instructions. If you have any special instructions that the Sheriff’s Office should need, such as a description of the person to be served or any other pertinent service information, please include this in a cover letter or memorandum format. Also, if you have more than one defendant listed, indicate which defendant you want served. Be specific in who you want served. If there is any doubt as to what you want the Sheriff’s Office to do, papers will be returned to you.
A self-addressed stamped envelope is necessary, if you want a copy of the proof of service and receipt.
Certified true copies of the documents, and in some instances, a court seal.(This office cannot give legal advice pursuant to Oregon Law)
3. RESTRAINING ORDERS/PROTECTION ORDERS
Where do I obtain a Restraining Order?Restraining Orders are obtained through Circuit Courts. The phone number for Marion County Circuit Court is (503) 588-5105. How do I qualify for a Restraining Order and what are the criteria?This information can be obtained by calling the court.After a judge approves a Restraining Order, how is it served and how long will it take to be served?Restraining Orders are processed and put out for service the day they are received by our office. We rely on the relevant data section in the restraining order, which has the name, date of birth, address, and all descriptions of the respondent. The more information you provide in this section, the easier it may be for the Sheriff’s Office to complete service. Include an employment address, if applicable, and any other information that will be useful in order for us to serve.Restraining Orders are the first priority in service documents at the Marion County Sheriff’s Office. However, it may take anywhere from one day to several weeks to serve a respondent, due to the following:1. A respondent may be avoiding service. Restraining orders are not search warrants, therefore, we cannot force entry into a residence.2. We may be going to the residence at the wrong time because no information was provided as to the best timeframe to serve (or, it is simply unknown).3. Deputies may be responding to emergency calls, or we may only have a limitednumber of deputies on duty.How do I check and see if a Restraining Order has been served?After service is completed, a petitioner will be mailed a copy of the return of service, which is also filed with the court indicating that the Restraining Order has been served. You may also contact the civil division to check service status Monday through Friday from 8 a.m. to 5 p.m. After hours/weekends/holidays, call the Marion County Jail at (503) 588-8595. However, if you call the Marion County Jail, they will only be able to tell you if the Restraining Order has been served. They cannot provide any other information to you such as how many times the Sheriff’s Office has attempted service, etc. If you need to speak to a Deputy or if you need to notify our office of the whereabouts of a respondent, call our main office line at (503) 588-5044, after hours, call our dispatch at 503-588-5032. Please remember to be patient in this process. The Marion County Sheriff’s Office performs due and diligent search and inquiry when serving civil process.Please Note: Restraining Orders to be served outside of Marion County are sent to the appropriate county. Please check with the appropriate Sheriff Office for service status.
PROTECTION ORDERS:If you do not meet the criteria for a restraining order, you may be able to obtain a stalking protective order. “Stalking” is defined in Oregon Revised Statute (ORS) 163.730 to 163.732. Keywords in the definition are “repeated” and “unwanted contact”. “Repeated” means two or more times. If you believe you are a victim of stalking and you would like to see if you could obtain a stalking protective order, contact the law enforcement agency where the stalking is taking place.
4. LEGAL QUESTIONS
The Marion County Sheriff’s Office and other public safety agencies, along with Oregon Courts, are not permitted to give legal advice pursuant to Oregon Law. “Legal Advice” means telling a person how to go about court proceedings, filing, etc., speculating what the outcome in a court case would be, advising or recommending one procedure, form, or pleading over another, advising what words to put in a form or what to say in court, suggesting what you “should do”, recommending the services of a specific attorney or group of attorneys, etc.
Where can I get legal assistance?
The yellow pages or internet search for “attorney."
Lawyer Referral Service, Phone Number: 1-800-452-7636
Tel-Law Program, Phone Number: 1-800-452-4776 or www.osbar.org/public
Marion/Polk Legal Aid. Location: 1655 State Street, Salem, Oregon 97301. Phone Number: (503) 581-5265, or 1-800-359-1845
Law Libraries located at any Courthouse or University
Book stores, specifically in the Law/Social Science section
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