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Civil Process

Overview

Services

Important Notes

The Civil Process Division of the Mercer County Sheriff’s Office plays a crucial role in the legal system. Our dedicated team of process servers ensures that official court documents are delivered in a timely and accurate manner, upholding the integrity of the judicial process.

What is Civil Process?

Civil process refers to the official documents issued by a court during a lawsuit or legal proceeding. These documents can include:

  • Summons: A notice that a lawsuit has been filed against you and informs you how to respond.
  • Complaints: The document that starts a lawsuit, outlining the plaintiff’s allegations.
  • Subpoenas: Orders to appear in court or provide documents.
  • Writs of Execution: Orders to enforce a judgment, such as collecting a debt or seizing property.

Our Services

  • Serving Court Documents: Our certified process servers deliver a wide range of civil process documents for:
    • Magistrate Court: Cases involving smaller claims and misdemeanor charges.
    • Circuit Court: Cases involving larger claims, felony charges, and appeals from magistrate court.
    • Family Court: Cases involving divorce, custody, and child support.
    • Out-of-State Courts: Documents issued by courts outside of West Virginia.
  • Process Service Information and Assistance: We provide information and guidance to individuals and attorneys regarding the process of serving legal documents.

Why is Process Service Important?

Proper service of process is a fundamental legal right that ensures everyone involved in a legal matter is aware of the proceedings and has an opportunity to be heard. It also helps maintain the fairness and efficiency of the court system.

Legal Reference

Important Note

If you are served with a court document, it’s important to read it carefully and respond within the specified timeframe. If you have questions or need legal advice, consult an attorney.

J. Poff of the Civil Process Division standing in front of his official vehicle.
J. Poff, Mercer County Sheriff's Office Civil Process Division Director

J. Poff

Contact Us

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Frequently Asked Questions

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How long does it take to serve papers?

Service times vary depending on the circumstances. The Sheriff’s Office will make reasonable attempts to serve the papers promptly. However, factors such as the person’s availability and cooperation can affect the time it takes.

What if the person I need to serve avoids service?

Deputies are trained in various methods to effect service. If the person avoids service, the deputy may try alternative methods such as:

  • Serving a family member or someone residing at the same address.
  • Posting the documents at the person’s residence or place of employment.
  • Publishing the notice in a local newspaper.
What if the person to be served lives outside of Mercer County?

If the person you need to serve resides outside of Mercer County, the Mercer County Sheriff’s Office can typically coordinate service with the appropriate law enforcement agency in that jurisdiction. This may involve additional fees and time for service.

What are the Sheriff's Department's responsibilities after serving the papers?

After serving the papers, the deputy will complete a “Return of Service” form, documenting how and when the service was made. This form is then filed with the court as proof of service.