I have several papers that I need to serve in Forsyth County. Where do I send them? 

 

The papers should be sent to:

Forsyth County Sheriffs Office

Attn: Civil Unit

100 East Courthouse Square, Suite 135, Cumming, GA 30040

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 I received a postcard in the mail stating I have several papers 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? 

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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 voicemail and we will return your call the next business day.

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 How is a Dispossessory served? 

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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 (issued in 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.

 

You can obtain more information about Dispossessory proceeding from the Forsyth County Magistrate Court.

 

 How is 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 must have the original or obtain a certified copy of the 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 made out to the Forsyth County Sheriff's Office, to the civil unit office to schedule the evection. (This fee is set by state law o.c.g.a. § 15-16-21 (b.)(12))

 

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 so that the evection can be completed in two hours. We must know if any unhealthy conditions exist or may exist. Deputies do not assist in the physical removal of property.

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The labor required for the business of the kitchen 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 a restaurant; flammable’s 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 schedule evection, it will be rescheduled. The Forsyth County Sheriff's Office will not evict during inclement weather.

 

 How do I apply for a temporary protective order (TPO)? 

 

Petition for temporary protective order (TPO) can be obtained for two reasons; Family Violence and/or Stalking

 

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 or children

-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 one 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 at 678-455-8458 or Family Haven at 770-889-6384.

 

 Where can I find court fees? 

 

You can find a listing of court fees on the Forsyth County Clerks website.

 

 Where can I find listings of foreclosure sales? 

 

Numerous Foreclosure 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 holder's 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 it is done with the sheriff's sales, the sales are also held on the first Tuesday of the month, unless that day falls on a national holiday and then it is held on the day following the first Tuesday of the month. The sales are held during the legal hours of sale set by the state law, 10 AM to 4 PM.

 

 How are garnishments served? 

 

Garnishments are served like any other civil process.

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 I have a court order to get my child. Can the Sheriff's Office help?  I

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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 since they can be enforced or be served throughout the United States) or is a violation of Georgia criminal law. 

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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 are an exception to the rule since they can be enforced or be served throughout 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 has conditions that you may go to the residence only with escort of the Forsyth County Sheriff's Office then you may bring the order to the FCSO Civil Unit Office 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 the time limit for travel will be determined on a case by case basis and the wording of the court order. The Forsyth County civil unit is located at the Forsyth County Sheriff's Office headquarters 100 East Courthouse Square Suite 135, Cumming, GA 30040.

 

 How is a Notice of a Foreclosure of the Right to Redeem handled? 

 

Notice the for the closure of rights to redeem is a complicated procedure used after a real property purchase adds a tax Fi-Fa Sale. Consult your attorney regarding this procedure.

 

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 up the person and carry him or her to a treatment facility for a valuation. Contact the Forsyth County probate court for more information at 770-781-2140.

 

If the Forsyth County Probate Court issues in 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.

 

 How and when our Sheriff's Sales conducted? 

 

Sheriff sales are held the first Tuesday of the month unless that day falls on a national holiday and then it is held on the day following the first Tuesday of the month. We do not always have something to sell. You can check on Sheriff Sales in the Forsyth County Newspaper.

 

When there is a sale, it is held on the walkway in front of the Forsyth County Courthouse located at 101 E. Court House Square Cumming, GA 30040. The legal hours of sale are from 10 AM to 4 PM. 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 the Sheriff's sale. Therefore, all sales are final. You must pay with either cash or an official Bank issued cashiers 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).

 

 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.

 

 Can you assist me with 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 Court where you obtained your judgment.

 

Please see the Writ of Fieri Facias Page of our website for more information.

 

 How do I request a real property Levy? 

 

Please see the Real Property Levy page for detailed instructions on requesting a Real Property Levy.