Please note that this is not legal advice .
Always consult an attorney on legal matters for legal advice. No one in the Civil Division can provide legal advice to you!
Information on this website is subject to change without notice!
√ You can check service on your lawsuit (if filed in Gwinnett County) at the following link: √ Gwinnett County Courts (This link only works with Internet Explorer and Firefox!)
Directions to (Click Here and Pick the Location that You Want to Go To):
The Gwinnett Justice and Administration
Building (Civil Division Location)
The
Recorders & Juvenile Court Building
The
Gwinnett County Detention Center
The
Government Annex
Directions to One Justice Square
Foreclosure Sales (Notice of Sale Under Power) (Sales of Homes)
Foreclosures (Including Seizure - When a Writ of Possession for Personal Property Has Been Issued)
"I Have A Court Order to Get My Child and I Need Your Help"
"I Want to Go and Get My Property"
Notice of Foreclosure of Right to Redeem
Our Mission - What We Do & What We Can Not Do!
Real Property (Real Estate) Levy
Writ of Fieri Facias) (Fi Fa" & Personal Property Levying What the Civil Division Requires for a Real Property (Real Estate) Levy
√
You can check service on your lawsuit (if filed in Gwinnett County) at the following link: √ Gwinnett County Courts (This link only works with Internet Explorer and Firefox!)Our Mission - What We Do & What We Can Not Do!
The Civil Division is responsible for serving civil processes received from the courts of our county, as well as other jurisdictions throughout the United States. This includes civil processes such as dispossessories, evictions, subpoenas, probate orders, writs of possession to seize personal property, personal property foreclosures, condemnations, executing probate orders to apprehend, etc. We are "agents" of the court and, as such, carry out orders issued by the Court.
As a general rule we can only do what we are ordered to do by any Georgia Court (Family Violence orders from other states are an exception to the rule) or is a violation of Georgia Criminal Law. People often ask us to do some act that can only be ordered by a Georgia judge and therefore we will always decline the request. Orders from courts of other states are not enforceable by us with the exception of Family Violence Orders. Out of state orders have to be "domesticated" by a Georgia Superior Court Judge.
Main Phone Number: 770-822-8200 for the Civil Division.
Major David Parr, Division Commander, 770-822-8229, email: david.parr@gwinnettcounty.com
Lieutenant Barry Milliner, Supervisor, 770-822-8240, email: barry.milliner@gwinnettcounty.com
Sergeant Eddie Owens, Supervisor, 770-822-8696, email: eddie.owens@gwinnettcounty.com
Sergeant Tracy Lee, Supervisor, 770-822-8201, email: tracy.lee@gwinnettcounty.com
Eviction Section: 770-822-8233
√
You can check service on your lawsuit (if filed in Gwinnett County) at the following link: √ Gwinnett County Courts (This link only works with Internet Explorer and Firefox!)Our Physical Address is Also Our Mailing Address!
Gwinnett County Sheriff's Department
Attn: Civil Division
75 Langley Dr.
Lawrenceville, GA 30045
Phone: 770-822-8200 FAX: 770-822-8222
√
You can check service on your lawsuit (if filed in Gwinnett County) at the following link: (This link only works with Internet Explorer and Firefox!)All services require that you complete a Sheriff’s Entry of Service form (3 part NCR Paper) which is available from any clerk of court within the Gwinnett County Judicial Circuit. It is very important that in the block titled "Name and Address of Party to Be Served" that you complete this with the correct information. If you fail to complete this block properly, you are subject to paying an additional service fee. For out of State Service a Civil Division Employee will prepare a Sheriff’s Entry of Service Form.
You are responsible for determining that the address for service is within Gwinnett County. We do not go outside Gwinnett County to serve Civil Process. If you provide the wrong address, your fee that you paid is not refundable!
Governmental Agencies within the State of Georgia or from any other State: No Charge!
√
You can check service on your lawsuit (if filed in Gwinnett County) at the following link: (This link only works with Internet Explorer and Firefox!)You can also call us at 770-822-8200 to check service if you so desire. We encourage you to try the above link first since it is more efficient for everyone.
You go to the Clerk of Superior Court, Family Violence Division at the Detention Center to apply for a Temporary Protective Order (TPO) under the Family Violence Act or under the Stalking Statue. The phone number for the Clerk of Superior Court, Family Violence Division at the Detention Center is 770-619-6720. The Clerk's Office is open Monday through Friday, from 8:00 a.m. to 5:00 p.m. except holidays. The Clerk's Office is in the general vicinity of the Gwinnett County Sheriff’s Department Family Violence Unit.
The Family Violence Unit is under our Field Operations Division. The Family Violence Unit’s direct phone number is 770-822-3150. This unit is located at the Gwinnett County Sheriff’s Department Detention Center at 2900 University Parkway, Lawrenceville, GA 30043.
Here is a useful link on matters pertaining to Family Violence:
http://www.gwinnettcourts.com/home.asp#courtsjudges_superior_familyviolence/
Here is a link to assist you in getting directions to the Clerk of Superior Court, Family Violence Division and to the Gwinnett County Sheriff’s Department Family Violence Unit at the Detention Center:
http://www.gwinnettcourts.com/home.asp#directions/
Please note that this is not legal advice and the fees are subject to change without notice if the law is changed. The Civil Division does not determine nor does it set any fees for any charge. The fees are set by state law (O.C.G.A. § 15-16-21). All of the Fees Are Shown at The Bottom this Screen. Fees are non-refundable!
Service (per service, per person, per address): $25.00
All Out-of-State Service (per service, per person, per address): $25.00
Service of Any Garnishment or rule against Garnishee: $25.00
Service of Dispossessory Proceeding: $25.00. There is an additional $25.00 charge for an Eviction [Writ of Possession to Evict]
Evictions (Writ of Possession): $25.00 (This is a separate and distinct fee from service of a Dispossessory Proceeding which is also $25.00)
Service of Subpoenas: $6.00 per subpoena
Fi. Fa. (Writ of Fiera Facias): All expenses such as advertising, towing (if any), storage, Sheriff’s Fees, etc. must be paid in advance. All other expenses, if any, will be deducted at time of sale.
Nulla Bona of a Fi. Fa. (Writ of Fiera Facias): Pay to Sheriff of Gwinnett County $13.00 & Pay to Clerk of Gwinnett County Superior Court $7.00. Mail both checks along with the original fi. fa. with your request to the Civil Division at the address above.
Commissions on sales of property:
On sums of $50.00 or less........................................8%
On excess above $50.00 up to $550.00.............................6%
For all sums exceeding $550.00, on excess........................3%
No commissions shall be charged unless property is actually sold.
Service of any document from a Government Entity: No Charge
The entire fee schedule can be found on the internet at the following link: LexisNexis(R).
Once we receive a Dispossessory Proceeding from the Court we make every attempt to promptly serve the Dispossessory. Your address for service must be 100% correct since the Dispossessory Proceeding becomes the Writ of Possession to Evict (if issued by the Magistrate Court). If the address is not 100% correct, we will not serve your Dispo and you will have to amend the Dispossessory Proceeding and then bring us another service copy and pay another service fee.
Here is an useful link regarding a Dispossessory Proceeding from the Gwinnett County Magistrate Court:
http://www.gwinnettcourts.com/home.asp#courtsjudges_magistrate_faqs_dispossessoryactions
Our Eviction Section's Phone Number is: 770-822-8233
Evictions (Writ of Possession) are scheduled as they are received. You can contact our Eviction Section at 770-822-8233 for additional information. You have to obtain a certified copy of a Writ of Possession to Evict from the Clerk of the Court where you filed the Dispossessory Proceeding.
You then bring the Writ to our Office and pay a Fee of $25.00 [this fee is set by state law, O.C.G.A. .§ 15-16-21 (b.)(12)]. Once we have the Writ and the Writ Fee we will schedule the eviction with you. If you do not schedule your eviction within sixty (60) days, we will return the Writ to the Clerk of Court.
A labor force of at least two people per bedroom for residential evictions is required. If you are aware that the house is "packed" (full of items) you should increase your labor force so that the eviction can be completed in two (2) hours. We must know if any unhealthy conditions exist or may exist. Deputies do not assist in the physical removal of property.
The labor required for a business eviction will be determined on a case by case basis. We must know if any alcohol or cigarettes (for sale) are present (such as a bar or restaurant); flammables or hazardous materials; groceries; if the power has been turned off for a long time; if any unhealthy conditions exist or may exist. We also need to know generally what type of items will be found at the business, especially heavy or bulky items.
Writ of Fieri Facias ("Fi Fa") & Personal Property Levy
We do not have any authority to enforce a judgment. Your judgment has to be converted to a Fi Fa by the Clerk of the Court where you obtained your judgment.
A Writ of Fieri Facias (Fi. Fa.) is a Court Order commanding the Sheriff to collect a judgment by either getting the money or to levy and sell sufficient property of the person(s) named in the Fi. Fa. to satisfy your judgment. To "levy" means to seize or attach property by judicial order and to then convert the seized property into money through a Sheriff’s Sale to satisfy the judgment.
Most property seized (levied upon) is personal property, but under certain circumstances, we can also seize Real Property. See the next section below this section for our requirements for a real property levy.
In general we will make a ten (10) day money demand on the defendant by a personal contact with the person(s) named in the Fi. Fa. or by leaving a letter at the person(s) home if we are unable to make personal contact. This is an optional process since it is not required by law, but in some cases can be effective. If the defendant says that they cannot or will not pay, then we will return the Fi. Fa. to you with the results of our money demand.
It is then up to you to provide us with any known assets of the defendant that are unencumbered (no security interest, no UCC filing, no secured debt, no liens, etc.). You can take your original fi.fa. to the Georgia Department of Revenue, Motor Vehicle Division in Hapeville, GA to determine if the defendant has any motor vehicles that are either in his/her name or the name of the corporation (if applicable). Their web link is: Motor Vehicle Division.
Once you have determined any assets you must:
Give us a letter requesting that we do a levy, describing these assets and the address where you would like us to do the levy.
Either give us a printout from the Motor Vehicle Division showing vehicles owned by the defendant or a letter certifying that an UCC search has been done and that there are no liens on the assets you are asking us to levy upon.
The original Fi. Fa.
Prior to levying the plaintiff must pay certain fees in advance. They are generally, but not limited to: Legal Advertising in the Gwinnett Daily Post for four (4) weeks, wrecker and wrecker lot storage fees if a vehicle is to be seized, storage fees at a bonded warehouse located in Gwinnett County, if appropriate, labor and transportation cost for the physical seizure and movement of any property levied upon, if applicable. All of this will be discussed with you by a supervisor prior to levying.
Once the levy has been done, the items are placed in a bonded warehouse in Gwinnett County selected by the Gwinnett County Sheriff's Department and paid by you or in a wrecker lot in the case of vehicles.
The seized property is then advertised for four (4) consecutive weeks in the Gwinnett Daily Post (legal organ of Gwinnett County) and then sold on the 1st Tuesday of the month.
While we provide some assistance to you, we are unable to do skip tracing or to identify specific property to levy upon. These two tasks must be done by you. We do make a money demand . Please refer to O.C.G.A. § 9-13-50 and O.C.G.A. § 9-13-16.
What the Civil Division Requires for a Real Property (Real Estate) Levy
1. A request, in writing, to the Gwinnett County Sheriff’s Department, Civil Division to levy upon and sell real property to satisfy a Fieri Facias (Fi. Fa.). In your request for the Civil Division to levy on real property, you must include a statement that there is either no personal property to be levied upon to satisfy the judgment or that there is insufficient personal property found to be levied upon to satisfy the judgment.
2. We must have the original Fi. Fa. We cannot accept copies of a fi. fa. The fi. fa. must have been recorded in the county where the judgment originated. If the judgment originated outside of Gwinnett County, the judgment must also be recorded in Gwinnett County. If the original fi.fa. has been lost, we can accept a properly marked “Alias,” issued by the original issuer (clerk of court) with the same judgment date as the original fi. fa. and endorsed as an “Alias.”
3. A full and complete legal description of the real property that you want us to levy upon and sell. This description must include the “metes and bounds” in the legal description and be in Word format. This will be used for the Ad, which will be in the legal section of the Gwinnett Daily Post (the legal organ for the county). Please email this to: david.parr@gwinnettcounty.com.
4. A Certificate of Title certified by an Attorney authorized to practice law in the State of Georgia. The Certificate of Title must be less than thirty (30) days old. The name of the current owner of the property must be shown. In addition it must include a list of all lien holders with their name(s), address(es) and the date the lien(s) was/were recorded.
5.
A certified copy of the warranty deed for the subject property.
6.
Please note than any mortgage(s) [security deed(s)] must be extinguished
(pay off the mortgage) prior to our levying. You will need to provide us the
dollar amount that was paid to do this. We will need proof that this has been
done.
7. A check for $25.00 made out to the Sheriff of Gwinnett County for the statutory Levy fee.
8. A check made out to the Sheriff of Gwinnett County for an amount to be determined by the designated person in the Civil Division to cover the estimated costs for the advertising and any other costs that the Civil Division requires to be paid in advance.
Sheriff’s Sales are held on the 1st Tuesday of each month unless the 1st Tuesday falls on a holiday and then it is held on the next day following the 1st Tuesday of the month. We are required to publish the sale notice for four (4) consecutive weeks prior to the 1st Tuesday of the month in the designated legal organ of the county, which is the Gwinnett Daily Post. The designated person in the Civil Division will coordinate with the plaintiff or the plaintiff’s attorney as to the cut off time and date in order to place the ad in the newspaper in a timely manner.
Please note that we reserve the right to add, change or delete from this list.
Foreclosure Sales (Notice of Sale Under Power) (Sale of a Home) (Real Estate)
Numerous Foreclosures Sales are listed in the Gwinnett Daily Post Legal Section, Classification 950 under the heading of "Notice of Sale Under Power." A direct link to this can be found at:
http://www.gwinnettdailypost.net/GDP-Legals/LegalAds/950.html
Please note that the Sheriff’s Department has nothing to do with this type of sale. It is a "Non-Judicial" Sale that is done by an agent for the various Law Firms or Mortgage Holders that advertise the property. Each agent can be located on the walkway leading to the entrance to the Gwinnett Justice conducting sales.
Just as is done with Sheriff’s Sales, these sales are also held on the 1st Tuesday of the month, unless that day falls on a National Holiday and then it is held on the day following the 1st Tuesday of the Month. The sales are held during the Legal Hours of Sale set by State Law (10:00 a.m. to 4:00 p.m.).
Foreclosures (Including Seizure - When A Writ of Possession for Personal Property Has Been Issued)
Foreclosures can be served personally or by Tack & Mail. There is one charge to serve a Foreclosure ($25.00) and a separate and distinct charge to execute a Writ of Possession to attempt to seize your property as a result of a foreclosure ($25.00).
A Writ of Possession for Personal Property requires that the Plaintiff file an "Election of Option" form with the Clerk of Court where the Writ of Possession was issued. This tells us whether to seize and sell the property or to turn the property over to the plaintiff or the plaintiff's agent after we seize the property.
Here is a useful link regarding Foreclosures including the "Election of Option Form" from the Gwinnett County Magistrate Court:
http://www.gwinnettcourts.com/home.asp#courtsjudges_magistrate_forms_personalpropertyforeclosure/
Garnishments are served like any other Civil Process. Here is a useful link regarding Garnishments from the Gwinnett County Magistrate Court:
http://www.gwinnettcourts.com/home.asp#courtsjudges_magistrate_garnishment_faqs/
Notice of Foreclosure of Right to Redeem
Notice of Foreclosure of Right to Redeem is a complicated procedure used after a Real Property purchase at a Tax Fi. Fa. Sale. Consult your attorney regarding this procedure.
Probate orders to Apprehend (Mentally Ill, An Alcoholic or a Drug Dependant Person)
Any order for this Agency to pickup someone with a Mental disorder or an Alcohol or Drug problem comes from the Gwinnett Probate Court. You have to apply to the Gwinnett Probate Court before we can pick the person up and carry him/her to a treatment facility for evaluation. Contact the Gwinnett Probate Court for more information at 770-822-8250.
If the Gwinnett Probate Court issues an Order to Apprehend, then a Civil Division Supervisor - Deputy Sheriff will personally interview the two applicants to obtain information about the person that is to be apprehended. This is for the safety of the person to be picked up and for the Deputies involved in the apprehension.
Subpoenas can be obtained from the Clerk of the appropriate court. A Sheriff’s Entry of Service must be completed for each Subpoena that you want us to serve.
"I Want to Go and Get My Property"
As a general rule we can only do what we are ordered to do by any Georgia Court (Family Violence orders from other states is an exception to the rule since they can be enforced or served through the United States) or is a violation of Georgia Criminal Law.
People often ask us to do some act that can only be ordered by a Georgia Court Judge and therefore we will always decline the request if the order is not from a Georgia Court, regardless of the language of the order. Orders from courts of other states are not enforceable by us with the exception of Family Violence Orders.
Here is a possible helpful link to recover your personal property by filing a "Civil Trover" action:
http://www.gwinnettcourts.com/home.asp#courtsjudges_magistrate_forms_civiltrover/
"I Have A Court Order to Get My Child and I Need Your Help!"
As a general rule we can only do what we are ordered to do by any Georgia Court (Family Violence orders from other states is an exception to the rule since they can be enforced or served through the United States) or is a violation of Georgia Criminal Law.
People often ask us to do some act that can only be ordered by a Georgia Court Judge and therefore we will always decline the request if the order is not from a Georgia Court, regardless of the language of the order.. Orders from courts of other states are not enforceable by us with the exception of Family Violence Orders.
Out of state orders have to be "domesticated" by a Georgia Superior Court Judge. Once "domesticated" then we can assist you if ordered to do so by the Georgia Court. We can not provide legal advice on how to do this. Here are two useful links:
Bar Association of Gwinnett County
Sheriff's Sales are held the 1st Tuesday of the month, unless that day falls on a National Holiday and then it is held on the day following the 1st Tuesday of the Month. We do not always have something to sale. You can check on Sheriff's Sales in the Gwinnett Daily Post Legal Section, Classification 931. A direct link to this can be found at: Gwinnett County, Georgia Sheriff's Sale (As Shown in the Gwinnett Daily Post Classification 931.
From time to time we conduct sales resulting from Tax Fi. Fa.s that have been sold to third parties. You can check on Sheriff's Sales in the Gwinnett Daily Post Legal Section, Classification 931. A direct link to this can be found at: Gwinnett County, Georgia Sheriff's Sale (As Shown in the Gwinnett Daily Post Classification 932.
When there is a sale, it is held on the walkway at the marble bench closest to the street on the right side as you are approaching the building. This location is set by court order. The legal hours of sale are from 10 a.m. to 4:00 p.m. Sometimes a sale is held at a different location. If there is a different location, the complete address of the location where the sale will occur will be listed in the ad.
Unlike many retail stores, you can not return anything purchased at a Sheriff's Sale! Therefore all sales are final! You must pay with either cash or a cashier's check (official bank check). Unless you present a State of Georgia Sales Tax Exemption form at the time you make a purchase, you will be charged sales tax on all personal products. Sales Tax on Vehicles is based on where the purchaser lives, not the County where the vehicle is sold. There is no sales tax on real property (real estate).
Under certain conditions Gwinnett Legal Aid can assist you. The are located at 180 Camden Hill Road, Suite A, Lawrenceville, GA 30045. There is also information available at LegalAid-GA.org.
Forms can be found at http://legalaid-ga.org/documents/clusters/GA/163/English/Everydocument.shtml
Additional Forms and other information can be found at the Fulton County Superior Court Family Division Web Site.
Please note that this is not legal advice and the fees are subject to change without notice. The Civil Division does not determine nor does it set any fees for any charge. The fees are set by state law (O.C.G.A. § 15-16-21).
O.C.G.A. § 15-16-21 Fees for sheriff's
services; disposition of fees
(a) For summoning each juror, grand or trial, drawn to serve at any regular
term of any city, state, or superior court or any tales juror, grand or trial,
drawn during any term of any city, state, or superior court, the sheriff shall
receive the sum of $1.00. In all counties in this state where the sheriff is
paid a salary only, this Code section shall apply as far as fees to be charged
but all such fees shall be turned over to the county treasurer or fiscal officer
of the county.
(b) For the services of the sheriff in civil cases, the following fees shall be
charged:
(1) Serving copy of process and returning original, per copy...........$25.00
(2) Action from another county, to be paid in advance.....................$25.00
(3) Summoning each witness...............................................................$6.00
(4) Each levy or writ of fieri facias.....................................................$25.00
(5) Search and return of nulla bona....................................................$13.00
(6) Serving summons of garnishment or rule against garnishee.......$25.00
If more than one, for each additional copy..........................................$6.00
(7) Commissions on sales of property:
On sums of $50.00 or less........................................8%
On excess above $50.00 up to $550.00.............................6%
For all sums exceeding $550.00, on excess........................3%
No commissions shall be charged unless property is actually sold.
(8) Making out and executing titles to land.......................................$25.00
If presented by purchaser...................................................................$13.00
(9) Executing bill of sale to personal property, when demanded by
purchaser.............................................................................................$13.00
(10) Forthcoming bonds.......................................................................$13.00
(11) Serving process against tenant over or intruder upon land to
dispossess them...................................................................................$25.00
(12) For dispossessing tenant or intruder...........................................$25.00
(13) Taking and returning counter-affidavit when summary process to
dispossess tenant or intruder is resisted............................................$13.00
(14) Settling each execution in his hands, settled without sale..........$13.00
(15) Levying an attachment.................................................................$25.00
(16) Following property out of county with attachment, for every mile
going and returning.................................................................................$0.21
(17) Attending superior, state, or city courts, per day........................$20.00
(18) Probate courts, per day.................................................................$15.00
(19) At elections as required by law, each day....................................$20.00
(20) Collecting tax fi. fas. $100.00 or less, each...................................$5.00
(21) Collecting tax fi. fas. over $100.00,
each.....................................$10.00
(c) For executing and returning any warrant or for serving a citation, the fees
to which a sheriff is entitled as provided in this subsection shall be paid at
the disposition of the criminal case. For summoning witnesses or taking bonds in
criminal cases, the fees to which a sheriff is entitled as provided in this
subsection shall be paid in advance prior to the sheriff's rendering such
service. For the services of the sheriff in criminal cases, the following fees
shall be charged:
(1) Removing prisoner when habeas corpus is sought for his relief. $15.00
(2) Removing prisoners under habeas corpus when no mileage is paid, per
day........................................................................................................$15.00
(3) Attending persons taken by warrant to judge's chamber, for each time
...............................................................................................................$4.50
(4) Conducting prisoner before judge or court to and from jail..........$4.50
(5) Executing and returning any warrant...........................................$25.00
(6) Serving any citation issued pursuant to Article 10 of Chapter 10 of
this title, relating to bad check prosecutions or any warrant...
.............................................................................................................$25.00
(7) Summoning each witness................................................................$6.00
(8) Taking bonds in criminal cases....................................................$13.00
(9) Executing a warrant of escape.....................................................$10.00
(10) Service in every criminal case before a judge or a judge and jury...
............................................................................................................$10.00
(d) For feeding prisoners confined in the common jail, such fees are to be paid
as may be fixed by the fiscal authorities of the county who are authorized by
law to fix such fees. The jail fees herein provided shall be paid monthly by the
county, provided that local laws regulating county jails or fixing salaries for
jailers or their fees shall not be repealed by this provision.
(e) All costs arising from services rendered in felony cases shall be paid from
county funds whether the defendant is convicted or acquitted.
(f) Sheriffs shall be entitled to receive the fees provided for in this Code
section for all arrests in all criminal cases tried or otherwise disposed of in
the superior, city, state, and probate courts.
(g) All costs provided for under this Code section shall be paid at the clerk's
office at the time of filing.
(h) No fee shall be assessed against the alleged victim of a violation of Code
Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1,
or 16-6-22.2 or against the alleged victim of any domestic violence offense for
costs associated with the filing of criminal charges against the stalking
offender, sexual offender, or domestic violence offender or for the issuance or
service of a warrant, protective order, or witness subpoena arising from the
incident of stalking, sexual assault, or domestic violence.
The above fee schedule can be found on the internet at the following link: LexisNexis(R).
Please notify us if you are filing an appeal that involves a case that we have any type of Court Order such as an eviction (Writ of Possession), seizure of property (Writ of Possession), etc.
Here is an useful link: Notice of Appeal from Magistrate Court