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1. Why wasn't I called and notified when service was made?

With the volume of papers served by the Sheriff, it would be impossible for us to notify all parties after service has been made. However, the plaintiff may attach a self-addressed, stamped postcard if he wishes to be notified after service.

2. I had papers issued out of Orange County General District Court and want to know if they've been served yet?

This paper will not be served by our office. The process will be served by the Sheriff where the person resides, regardless of which court issued the process.

3. Why does the deputy keep coming back to my house when I have repeatedly told him the person he was looking for doesn't live here?

There are a couple of reasons. If the person to be served is a relative, we would have to go back to confirm the relative still doesn't live there. In this day and age, many children move back in with their parents or siblings, so we cannot assume the relative no longer lives there. While a deputy is assigned a specific area (zone) of the County to serve, he or she may not necessarily work exclusively in that zone. Deputies often cross zones to provide timely, efficient service. Therefore, you may have told another deputy that the person he is seeking doesn't live there but the current deputy would have no knowledge of the conversation.

4. I received a 72 Hour Notice to Vacate but I filed a Motion to Rehear. How do I make sure the Sheriff will not come out on the date of the scheduled eviction to put my property out?

A motion to rehear does not stop the eviction process. There are a couple of remedies available to tenants. Therefore, the tenant should seek the advice of an attorney.

5. I have received my judgment in court for the money owed me, why haven't I received my money?

Obtaining judgment and enforcing judgments are two (2) different actions. While the plaintiff may have won his case in court, it is up to the plaintiff to pursue collection remedies. The method of collection will vary according to each case and the assets and information available. One method of collecting your money is through the Writ of Fieri Facias process. We refer to this as the levy process. The Writ of FiFa authorizes the Sheriff to levy (inventory) property owned by the judgment debtor which is later sold at public auction to recover the debt. This is a time consuming and sometimes costly process. If you know where the debtor works or where his bank account is located, you may ask the Clerk of the Court where you obtained judgment to issue a Garnishment Summons. This requires the third party debtor (employer or lending institution) to pay the money owed to the court who will later disburse to the plaintiff.

6. My child support payments are taken out of my paycheck but a deputy came by with Department of Child Support Enforcement papers. I am not behind on my payments, why is DCSE serving me with papers?

From time to time, DCSE updates their files. They use the Sheriff's services for notification because it is free. If you have questions about your payments, or notice a discrepancy in the amount of payments, you should contact your local DSCE Office for correction.

7. A card was left on my door for my relative who doesn't live here. What's this all about?

As much as we would like to tell you, we are prohibited from discussing the process with anyone other than for the person to whom it is issued. What you can do is either provide us with a phone number and address so that we can contact them, or have the relative call us.

8. Why can't I come down to your office to pick up papers for my husband?

The laws relating to service of process are specific. If the person to be served is a party to the suit, they must be served in person at a business. Additionally, it may be a process which requires personal service, regardless of where it is served, and service at our office may be more convenient to the individual being served.

9. If I pay the debt before the court date, do I have to still go to court?

If the process indicates the debtor does not have to appear in court, the debtor may elect to pay the debt and forego going to court. However, the debtor takes a risk in doing so. If for some reason the payment gets lost and debtor fails to appear in court, judgment will be obtained by default. It is more difficult to reverse a judgment than it is to simply appear in court to ensure the debtor's rights are protected. For this reason, all deputies will encourage a person to appear in court when requested to do so.

10. I paid my late rent but the landlord had a deputy post a notice to vacate on my door. Can the landlord still evict me?

There are several remedies available to both the tenant and the landlord. Therefore, it is suggested each party seeks the advice of an attorney. From the Sheriff's perspective, however, once the Writ has been placed in his hand, it is considered a valid writ and the eviction can take place, even if the rent has been paid. The landlord can cancel the writ at any time.

11. I am a landlord who has a delinquent tenant. I went to court and obtained my judgment to have the tenant evicted. Today the tenant told me he filed bankruptcy and I can not evict him. Is this true?

Filing of bankruptcy stops all civil actions against the tenant. This includes the eviction process because the debtor's estate, personal or real, is protected by the bankruptcy court. In order for the landlord to go forward with the eviction, he must obtain from the bankruptcy court, an order granting relief from stay. Without this, the Sheriff will not evict.

12. Can I sell the tenant's property and get the money from the sale?

No. Property cannot be taken from a residence for non-payment of rent. Only the Sheriff's Office can sell property under a court order.

13. My neighbor was evicted yesterday and there is a mess in the yard. Who do I contact to get the mess cleaned up?

Any property which is placed to the curb during the eviction process is the property of the tenant. It is considered theft to take that property once placed to the curb. If the property has been there for more than 24 hours, the neighbor should contact VDOT(State Highway Dept) . This is usually the responsibility of the landlord. If, however, the property is placed to an area where it is considered private property, such as, condos or apartments, a person may contact that association or rental office to request clean up.

14. Can I change the locks when I kick my roommate out?

Not unless you have completed the eviction process and the roommate has been evicted by the Sheriff's Office. Only after a court ordered eviction can you change the locks to keep the person out.

15. I found this paper on the door and this person doesn't live here. What do I do with the paper?

It is important to understand that the Sheriff is not the only person who serves processes. Private process servers are also permitted to serve process. However, if you should find a process on your door for someone who doesn't live there, regardless of who may have served it, call our office at (540) 672-1200. When calling us we will need some information, such as who you are, the address where the process was left, if you are related to the person to be served, if there is any forwarding address or phone number, and how long ago the person moved away.