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Court Process Section 

 

The Sheriff is required by Florida Statute to serve any legal process originating from the Supreme Courts, Circuit Courts, County Courts, local governmental code enforcement boards and other governmental agencies. The Sheriff is also required to serve other processes directed to him. This task is accomplished by the Court Process Section.

The Court Process Section also serves non-enforceable papers issued out of courts other than the state of Florida.  However, the authority is limited to service of process only and does not permit the Sheriff to take any action against personal property, real property, or persons, even though directed to do so by the out of state court.  Out of state process will be served in accordance with Florida Statutes.

  1. There are remedies pursuant to Florida Statute for out of state court orders to be domesticated through the Florida courts.  If applicable, these orders would be signed by a Circuit Judge from Polk County directing law enforcement to carry out the provisions of the out of state court order.  The out of state court order must contain specific direction to law enforcement included in the body of said order.
  2. There is an exception which requires the Sheriffs of the State of Florida to enforce the provisions of a foreign protection order.  The out of state protective order is enforced just as if it were issued by a Florida court.

 

 

 

 

For information concerning the service of process:

You may contact the Court Process Section at 863.534.6202 or visit the public window during regular business hours Monday through Friday 8:00 a.m. to 5:00 p.m.

 Our mailing and physical address: 

Polk County Sheriff’s Office
Court Process Section
455 N. Broadway Avenue
Bartow, FL 33830

The Court Process Section will accept documents by mail with the appropriate service fee included.  Please include a self-addressed, stamped envelope for a Return of Service to be sent to you. 

Court Process Fees for Service

The fee for service of process is set by Florida  Statute 30.231 and is due upon request of service.  This fee is non-refundable.  All checks must be made payable to the Polk County Sheriff’s Office.

 

TYPE OF PROCESS

FEE FOR SERVICE

Notices, Subpoenas, Summons

$40.00 for each person or entity served

Writs of Possession, Replevin, Garnishment, and all other types of writs

$90.00 for each person or entity served

Note:  A standby fee of $25.00 per hour per deputy will be assessed after the writ is enforced if the plaintiff requests a deputy to remain at the location beyond the enforcement.

TYPE OF LEVY

FEE FOR SERVICE

Real Property

$2,500 cost deposit

Personal Property (Vehicles, Boats,  Motorcycles, etc.)

 

$5,000 cost deposit and up.  (Amount of deposit is based upon type of property and cost of moving and storage)

Large volume of property, such as heavy equipment, warehouse inventory, etc.,  contact the Court Process Section at 863.534.6202 prior to forwarding instructions for levy to obtain the cost deposit.

NOTE:  A standby fee or inventory fee is required after the first hour on a levy.  The fee is $25.00 per hour per deputy.

Advanced cost deposit is required prior to levying upon real or personal property.  The above deposits are an estimate of the anticipated costs.  If the actual cost to levy exceeds the cost deposit the additional monies must be paid immediately upon request.

If you have questions regarding a levy, please contact the Court Process Section at 863.534.6202 during normal business hours.