Civil Papers

 

I have Civil Papers that I need to serve in Hall County. Where do I send them?

 

All civil papers to be served should be sent to:
 

Hall County Sheriff's Office
Attn: Civil Division
225 Green St.
Gainesville, GA 30501-3717

 

Other FAQ's:

 

1. How are Dispossessories 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 Magistrate Court). 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 Hall County Magistrate Court.

 

2. How are Writ of Possesion (Evictions) handled?

Evictions (Writ of Possession) are scheduled on a first-come, first-served basis. You can contact our Eviction Section at 770-531-7090. 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.
 

Once you have the writ you will then need to contact our office at 770-531-7090 to schedule the eviction. A fee of $25 will be billed to you for the eviction [this fee is set by state law, O.C.G.A. § 15-16-21 (b.)(12)].

A labor force of at least 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 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.

 

3. How do I apply for a Temporary Protective Order (a TPO)?

To apply for a Temporary Protective Order (TPO) under the Family Violence Act or under the Stalking Statute, go to the Clerk of Superior Court, who may be reached at phone number 770-531-7025. The Clerk's Office is open Monday through Friday, from 8 a.m. to 5 p.m. except holidays. The Clerk's Office is on the ground floor of the Hall County Courthouse, in the general vicinity of the Sheriff’s Office.
 

Our Civil Division handles the service of Temporary Protective Orders. The direct phone number is 770-531-7090. The Civil Division is located within the Hall County Courthouse on the ground floor.

• Additional information about Family Violence

• Directions to the Hall County Clerk of Superior Court's Office 

 

4. Where can I find court fees?

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

 

5. Where can I find listings for foreclosure sales?

Numerous Foreclosures Sales are listed in The Gainesville Times Legal Section, "Notice of Sale Under Power."
 

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 Hall 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 foreclosures served?

Foreclosures can be served personally or by Tack and Mail. There is 1 charge to serve a Foreclosure ($25) 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).
 

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.

 

7. How are garnishments served?

Garnishments are served like any other civil process.

 

8. 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.

 

9. 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.

 

10. How is a Notice of a Forcelosure 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.

 

11. How is a Probate Order to Apprehend carried out?

Any order for this agency to pickup someone with a mental disorder or an alcohol or drug problem comes from the Hall County Probate Court. You have to apply to the Hall County Probate Court before we can pick the person up and carry him/her to a treatment facility for evaluation. Contact the Hall County Probate Court for more information at 770-531-6925.
 

If the Hall County Probate Court issues an Order to Apprehend, the Hall County Sheriff’s Office Warrant Division will handle this type of order. For more information call the Warrant Division at 770-531-6907.

 

12. 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 Gainesville Times.
 

When there is a sale, it is held on the walkway in front of the Hall County Courthouse, 225 Green Street, Gainesville 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 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).

 

13. 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.

 

14. Can you assist me with a Writ of Fieri Facias (Fi. Fa.)?

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 the Hall County website for more information.

 

15. How do I request a Real Property Levy?

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