The Civil Process Unit of the Forsyth County Sheriff's Office is tasked with processing and serving civil papers. Civil papers are received from our local courts as well as courts throughout the country. After incoming papers are processed they are served by uniformed deputies to citizens and businesses located in Forsyth County. As a general rule civil papers are served within seven working days of receipt by. The service is recorded in the Forsyth County Court where it was filed and a copy of the Sheriff's Service Form is mailed to the Plaintiff. Please do not call the office to check status of service. Once service is perfected, notice is mailed to the Plaintiff and returned to the courts or returned to the plaintiff from the county it was sent.
Location/Office Hours:
The Civil Process Unit is located at 100 East Courthouse Sq., Suite 135, in Cumming, GA and is open from 8:30am to 5:00pm, Monday through Friday.
Phone: 770-781-3091
Email: soCivilUnit@forsythco.com
Fax: 678-455-8521
| Fees for service are as follows: |
| Serving copy of process and returning original, per copy |
$50.00 |
| Action from another county, to be paid in advance |
$50.00 |
| Summoning each witness |
$10.00 |
| Each levy or writ of Fieri Facias |
$50.00 |
| Search and return of Nulla Bona |
$20.00 |
Serving summons of garnishment or rule against garnishee
If more than one, for each additional copy |
$50.00
$ 6.00 |
| For dispossessing tenant or intruder (evictions) |
$25.00 |
| *These fees are set by state law, O.C.G.A. § 15-16-21 (b.)(12) |
I have Civil Papers that I need to serve in Forsyth County. Where do I send them?
All civil papers to be served should be sent to:
Forsyth County Sheriff's Office
Attn: Civil Unit
100 East Courthouse Square, Suite 135
Cumming, GA 30040
I received a postcard in the mail stating I have a civil paper to be served at my address, OR I found a notice posted on my door stating that someone attempted to serve a civil process document. What should I do?
Please contact the number listed on the card during our business hours and we can explain how to retrieve your documents. If after hours, please leave a voice mail and we will return your call the next working day.
Other FAQ's:
1. How is a Dispossessory Served?
Once we receive a Dispossessory Proceeding from the court we make every attempt to promptly serve the Dispossessory. Your address for service must be correct since the Dispossessory Proceeding becomes the Writ of Possession to Evict (if issued by the Courts). If the address is not correct, we will not serve your Dispossessory. You will then have to amend the Dispossessory Proceeding, bring another service copy, and pay another service fee.
Find more information about Dispossessory Proceedings from the Forsyth County Magistrate Court.
2. How are Writ of Possession (Evictions) handled?
Evictions (Writ of Possession) are scheduled on a first-come, first-served basis. You can contact our Civil Unit at 770-781-3091 for additional information. You have to have the original or obtain a certified copy of a Writ of Possession to Evict from the Court where you filed the Dispossessory Proceeding.
Once you have the writ you will then need to bring or mail the original or certified copy of the Writ, and a check or money order for $25.00 made out to Forsyth County Sheriff’s Office, to the Civil Unit office to schedule the eviction. (This fee is set by state law, O.C.G.A. § 15-16-21 (b.)(12).)
A labor force of at least two (2) 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.
If there is inclement weather occurring at the time of scheduled eviction, it will be re-scheduled. The Forsyth County Sheriff Office will not evict during inclement weather.
3. How do I apply for a Temporary Protective Order (TPO)?
Petition for Temporary Protective Order (TPO) can be obtained for two reasons:
If a victim does not meet the requirements for one of these two categories then a TPO cannot be obtained. However, you may still seek a Restraining Order with the assistance of an attorney.
Family Violence includes a required relationship:
- Past or present spouses
- Parents of the same child(ren)
- Parents and children (including step or foster)
- Persons living in the same house
And, one of the following crimes:
- Battery and Simple Battery
- Assault and Simple Assault
- Stalking
- Criminal Damage to Property
- Criminal Trespass
- Unlawful Restraint
- Any Felony
A Stalking TPO may be obtained if none of the above relationships apply and the suspect has shown a pattern of behavior placing the victim in reasonable fear for their safety. This pattern must be established with a minimum of three unwanted contacts for the sole purpose of harassing and intimidating the victim.
For assistance with obtaining a TPO, contact the Forsyth County Sheriff’s Office Victim Advocate Unit (678-455-8458), or Family Haven (770-889-6384).
4. Where can I find court fees?
5. Where can I find listings for foreclosure sales?
Numerous Foreclosures Sales are listed in The Forsyth News Legal Section, "Foreclosures".
Please note that the Sheriff's Office 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 Forsyth County Courthouse 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 a.m. to 4 p.m.).
6. How are garnishments served?
Garnishments are served like any other civil process.
7. I have a court order to get my child. Can the Sheriff's Office 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.
8. I want to retrieve my property. Can the Sheriff's Office 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.
If you have a judge signed court order (via Restraining Order or Bond Conditions) that have conditions that you may go to the residence only with escort of Forsyth County Sheriff’s Office, you may bring the order to the Sheriff’s Office Headquarters building, Civil Unit office, located at 100 East Courthouse Square, Suite 135, Cumming, GA 30040 to begin the process of getting an appointment with a Civil Unit deputy to escort you to the property. What is allowed to be retrieved and time limit for retrieval will be determined on a case-by-case basis and the wording of the court order.
9. How is a Notice of a Foreclosure of Right to Redeem handled?
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.
10. How is a Probate Order to Apprehend carried out?
Any order for this agency to pick up someone with a mental disorder or an alcohol or drug problem comes from the Forsyth County Probate Court. You have to apply to the Forsyth County Probate Court before we can pick the person up and carry him/her to a treatment facility for evaluation. Contact the Forsyth County Probate Court for more information at 770-781-2140.
If the Forsyth County Probate Court issues an Order to Apprehend, the Forsyth County Sheriff’s Office Warrant Division will handle this type of order. For more information, call the Warrant Clerk at 770-781-3066 or email soWarrants@forsythco.com.
11. How and when are Sheriff's Sales Conducted?
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 sell. You can check on Sheriff's Sales in The Forsyth County News.
When there is a sale, it is held on the walkway in front of the Forsyth County Courthouse, 101 East Courthouse Square, Cumming, Georgia. The legal hours of sale are from 10 a.m. to 4 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 cannot 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).
12. How are Subpoenas obtained?
Subpoenas can be obtained from the Clerk of the appropriate court. A Sheriff's Entry of Service form must be completed for each subpoena that you want us to serve.
13. Can you assist me with a Fi-Fa (Writ of Fieri Facias)?
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.
Please see the Writ of Fieri Facias page of our website, for more information.
14. How do I request a Real Property Levy?
Please see the Real Property Levy page for detailed instructions on requesting a real property levy.
