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By law, the Sheriff may not help you prepare a legal action or proceeding. Such action would become void. (refer to Iowa Code 321.659). We can however, help you with the process regarding service of your action regarding our procedures. Specific sheriff's procedural questions may be addressed to our Civil Division at  Civil@bvsheriff.com   712 749-2530.



Evictions and Force Entry Actions
Service of Notices and Subpoenas
Sheriff Sales on Personal Property (General Executions)
Sheriff Sales on Real Property (Special Executions)
Garnishments
Manner of Service
Advance Fee Policy
Mileage Fee Estimates
Bad Checks

   Criteria for prosecution insufficient funds and no account checks
   Criteria for prosecution of False Use of Financial Instruments
 
  Bad Check Report form (upload Adobe reader) See * forms notice!
   Certified Notice
             (upload Adobe reader) See * forms notice!       
Contact us by email

Evictions and Force Entry Actions
Eviction Notice, Notice to Quit, Notice of Unpaid Rent

 The Sheriff office will serve any notice you or the Clerk of Court provide us. Advance fee's are required unless you have an ongoing account established with our office. We are unable to assist you in determining what notice is appropriate to serve. If you are unsure, we suggest you contact your attorney.

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 Force Entry Action
 
Force Entry Action

After a Writ of Possession has been issued, the Sheriff is directed to remove the property of the tenant out of the home to the closest public property, normally the street curb. The Sheriff nor the landlord is responsible for items left on the curbside, however, if the property remains on there for an extended period of time, local ordinances may require the landowner to remove the leftovers.

Before the Sheriff will proceed with a Writ of Possession and removal, advance fee's are required. Unless otherwise directed by the plaintiff the Sheriff will proceed with the following procedure:

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 Writ of Possession Procedure
 
Writ of Possession Sheriff's Policy

Unless the Sheriff receives a written dictation directing the Sheriff otherwise, Writ of Possessions will be handled as follows:

1.
 Sheriff’s Deputies will not remove the belongings.  The landlord must arrange the movers. We recommend you have enough movers to efficiently remove all items in a reasonable amount of time.

2. Contact the Sheriff well in advance to arrange a time and date for the actual physical eviction.

3.  At the plaintiff's request,  the Sheriff will prepare a “Courtesy Letter” to post on the door advising the tenant of the enforcement date. This is not a required notice, however it is often an effective tool in the removal process.

4.
 A minimum of  $32.00 advance fee is required before the Sheriff will serve the writ. This may vary depending on the location of the service.

5.
 The Sheriff  will not serve a Writ of Possession after dark or in inclement weather.

6.  The landlord must call the Sheriff the morning of the eviction date to advise the Sheriff to proceed or not.

7.   We request the landlord or their representative be present
at the time of enforcement.

8.  Your laborers must place the belongings at the nearest public place (normally the street curb). We recommend you use large garbage bags for the small items to be removed. If the tenants are not present, the Sheriff’s Office will secure any weapons, drugs or cash at the Sheriffs Office where the defendant can claim the property. All refrigerators and freezers will need to be secured by the landlord to prevent the entry of children. The Sheriff is not responsible for animal shelter care. We recommend that all items be handled properly and with respect.

9.  We suggest you attempt to determine if there are waterbeds to be drained, if the utilities will need disconnected from appliances, If there are any animals remaining on the property or if you need special equipment to move items prior to the eviction date.

10.   If the writ includes the removal of a trailer house, the plaintiff is responsible for the storage cost of the trailer. Trailer houses will not be removed to the nearest public property. Please visit with the Sheriff on storage alternatives.

12.   If the defendant does not remove their property from the curb within a reasonable time, the landlord may be responsible under local ordinances. We suggest you contact your local authorities and advise them of this action.

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 Service of Notices and Subpoenas
 
Service of Notices and Subpoenas

The Sheriff office will serve any notice or subpoena provided by you or the Clerk of Court. Advance fee's are required in most case. [advance fee policy]  We are unable to assist you in how to file, what to file or in determining what notice is appropriate to serve. If you are unsure, we suggest you contact your attorney.

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 Sheriff Sales on Personal Property (General Executions)
 
Sheriff Sales on Personal Property

Upon receipt of a general execution, a dictation to the sheriff and advance fee's, the Sheriff will attempt to execute and levy on the property described on the dictation. The Plaintiff must provide a description and location of the defendants property to be levied. After the levy, a sale will be held within 70 days of the issuance date of the general execution. The Sheriff will post notices in 3 public places in Buena Vista County and will advertise the Sheriff sale notice twice prior to the sale date. The plaintiff may be required to post a bond to continue the levy in some cases. Personal property must sale for no less then two-thirds of the appraised value. After the third attempt to sale the property it can be sold for half the appraised value. The proceeds of the sale will be applied to the judgment and turned over to the Clerk of Court.

Sheriff fee's vary from sale to sale. The average sale cost is approximately $200.00 not including appraisals, hauling and storage. Contact the civil division for an estimate of costs.

We are unable to advise you in how to complete the dictation to Sheriff or suggest other required services. Sheriff sales are much more complex then described here. If you are unsure how to proceed, we suggest you contact your attorney for advise.

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 Sheriff Sales on Real Property (Special Executions)
 
Sheriff Sales on Real Property

Upon receipt of a special execution or a general execution, a dictation to the sheriff and advance fee's, the Sheriff will execute a levy on the property described on the dictation. The Plaintiff must provide the Sheriff with appropriate information to complete the "Notice of Sheriff's Sale" and you must proof and approve the notice before the levy will be executed.  After the levy, a sale will be held within 70 days of the issuance date of the execution. The Sheriff will post the Sheriff Sale notice in 3 public places in Buena Vista County and will advertise the Sheriff sale notice twice prior to the sale date.  The proceeds of the sale will be applied to the judgment and turned over to the Clerk of Court.

Sheriff fee's vary from sale to sale. The average sale cost is approximately $220.00. Contact the civil division for an estimate of costs.

Sheriff sales are much more complex then described here. We strongly suggest you contact your attorney for advise. We are unable to advise you in how to complete the dictation to Sheriff or suggest other required services.

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Garnishments
 

Garnishments

Upon receipt of a general execution and a dictation to the sheriff directing who and where the service is to be served, the Sheriff will attempt to serve the garnishment. In most cases advance fee's are not required. If your dictation directs multiple services, appears to be an unsuccessful action or the party directing service has a past due account, the Sheriff will required advance fees. The Plaintiff must provide clear directions of who, what and where to garnish.  After the expiration of the execution (70 days after the issuance date) the Sheriff will  turn over the funds collected, less sheriff fees, to the Clerk of Court. The Sheriff does not police the garnishee. If funds are not surrendered to the Sheriff, you will be billed for our services.

Garnishments average $32.50 for the first service and $17.00 for each additional service plus mileage.  Contact the civil division for an estimate of costs. In some cases additional service fee's for the "Defendants Notice of Garnishment" may be required. You will need to provide such notices for service.

Garnishments are much more complex then described here. We strongly suggest you contact your attorney for advise. We are unable to advise you in how to complete the dictation to Sheriff or suggest other required services.

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of Service

Manner of Service

It is necessary that you provide a dictation explaining the manner of service you require in a particular action. Proper service is vital to your interest. The Sheriff will follow your direction for the manner of service.

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 Advance fee policy
  

Mileage Rates and Fee's

2011 Mileage & Fees

Fees for service will be billed upon completion.

Returns will be filed upon payment of fees.


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 Bad Checks

Bad Checks

In some cases, return checks may be considered to be a civil matter that can be dealt with in civil court rather then in criminal court. You must determine the appropriate procedure for your circumstances.

 714.1 Theft defined. Paragraph 6; A person commits theft when the person makes, utters, draws, delivers, or gives any check, share draft, draft, or written order on any bank, credit union, person, or corporation, and obtains property, the use of property, including rental property, or service in exchange for such instrument, if the person knows that such check, share draft, draft, or written order will not be paid when presented.

Whenever the drawee of such instrument has refused payment because of insufficient funds, and the maker has not paid the holder of the instrument the amount due thereon within ten days of the maker's receipt of notice from the holder that payment has been refused by the drawee, the court or jury may infer from such facts that the maker knew that the instrument would not be paid on presentation. Notice of refusal of payment shall be by certified mail, or by personal service in the manner prescribed for serving original notices.

Whenever the drawee of such instrument has refused payment because the maker has no account with the drawee, the court or jury may infer from such fact that the maker knew that the instrument would not be paid on presentation.

   Bad Check Report form                                 
   Certified Notice            
* Consult your attorney or legal counsel before implementing forms provided at this site. The forms provided are examples provided to us and may not contain all the appropriate language.

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CRITERIA FOR PROSECUTION
Criteria For Prosecution of Insufficient Fund
   and No Account Checks

A. Generally, under the following conditions, criminal charges will not be filed:

  1. If the check was a HOLD CHECK, POST-DATED CHECK, or RECEIVED ON ACCOUNT, UNLESS the check was taken for merchandise, services and/or cash which was delivered at the same time the check was accepted.
  2. If the check was drawn on a COUNTER CHECK OF ANY KIND.
  3. If the check is not filed with the Sheriff within (45) days of the date of the check.
  4. If a notice in writing in the form prescribed by Iowa Code Section 714.1(6) has not been given to the maker of the check.
  5. If the check was not written and accepted in Buena Vista County, Iowa.
  6. If the maker was under eighteen (18) years of age at the time the check was written. (Under 18 will be referred to Juvenile Court)
  7. If it is a two-party check.
  8. One or more pieces of identification is required by the person accepting the check and the Date of birth or driver license number and state and the type of ID checked is recorded on the check.

  9.   Bad Check Report form             (Adobe format)
      Certified Notice                         (Adobe format)
    * Consult your attorney or legal counsel before implementing forms provided at this site. The forms provided are examples provided to us and may not contain all the appropriate language.

B. Once charges have been filed, disposition will be in the hands of the Court.

C. A defendant’s conviction for either a misdemeanor or felony is not guarantee that the victim will receive RESTITUTION.

D. The Sheriff will not act as a collection agency and will not accept any payment for checks.

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FALSE USE OF FINANCIAL INSTRUMENT

Criteria For Prosecution of False Use of
   Financial Instrument

Generally, under the following conditions charges for false use of a financial instrument will not be filed in the following cases.

  1. If the check is for less than $50.00.
  2. If the check is a counter check.
  3. If it is a two-party check. (Includes payroll checks)
  4. If the check is not received by the Sheriff's Office within thirty (30) days of the date of the check.
  5. Unless accompanied by a full report of the defendant’s identity, handwriting comparison, Witnesses, and facts necessary to establish the crime.
    Bad Check Report form (Adobe format)

    * Consult your attorney or legal counsel before implementing forms provided at this site. The forms provided are examples provided to us and may not contain all the appropriate language.

Failure to meet the above criteria may not preclude you from filing your case in Civil Court. Filing in criminal court is not guarantee that the victim will receive restitution.

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contact

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The Deputy can not help you fill out or answer legal actions. If a deputy would help you fill out the forms, it could make the entire action void.  
* Forms: Always consult your attorney or legal counsel before implementing forms provided at this site. The forms provided are examples provided to us and may not contain all the appropriate legal language or information.

 

[Return to index] forms

 

* Forms: Consult your attorney or legal counsel before implementing forms provided at this site. The forms provided are examples provided to us and may not contain all the appropriate language.

Updated: February 02, 2011

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