The DeKalb County Sheriff’s Office is responsible for serving court papers. This can include, but is not limited to:

• summons

• subpoenas

• protective orders

• sheriff sales

• evictions

• orders to appear

Indiana Code 33-37-5-15 requires payment of Service of Process by Sheriff to be paid to the Clerk of Courts. A $28.00 service or process fee shall be collected one time per case after judgement. A $60.00 fee shall be collected for non-Indiana cases in which service of process by Sheriff is requested.

In order to serve the papers, a physical address is required along with a valid mailing address, including a post office box, if applicable.

Civil process documents with incorrect information, incomplete information, wrong county for service, or where the person is not located at that address, will be returned to the court as “Not Found in Bailiwick” and the service of process fee will not be refunded.

For questions on initiating court action, contact the DeKalb County Clerk of Court at (260) 925-0912.

Commonly Used Terms

• Summons – An order or command to attend or appear in court, particularly to respond as a defendant to a charge;

• Subpoena – A written legal order directing a person or business to appear in court to give testimony or to produce records;

• Order – A command or direction from the court to appear or perform a duty or duties for the court;

• Notice – An announcement of information given to defendants as a warning of intention to end a particular agreement;

• Injunction – A writ or order from a court prohibiting a person from carrying out a given action or ordering a particular action to be taken;

• Eviction – The process of removing a tenant or renter from a leased premise by legal procedure, as for failure to pay rent; also, closely linked to WRIT OF ASSISTANCE;

• Execution – A writ or order issued by a court giving authority to put a judgment into effect;

• Judgment – A debt or other obligation resulting from a court order;

• Order to Appear – An order from the court directing a defendant to appear in person in said court on a particular date and time;

• Garnishment – A notice ordering a person not to dispose of a defendant’s property or money in his possession pending further settlement of a lawsuit;

• Guardianship –Paperwork from the courts, legally appointing a guardian to take charge of the affairs of a minor or an incapacitated person;

• Joint Preliminary Injunction – An order from the court directing the defendant not to dispose of any joint property of the parties without written permission of the court;

• Restraining Order – An order from the court directing the defendant to refrain from abusing, harassing, disturbing the peace of, or committing battery or bodily injury upon the plaintiff; also referred to as a PROTECTIVE ORDER;

• Immediate Possession – An order or petition from the court directing the defendant to relinquish all rights of the property to the plaintiff; usually occurs after non-payment of rent or lease;

• Petition to Revoke – An order or petition from the court revoking probation on the defendant, usually due to violation of laws or rules set-aside by probation;

• Emergency Detention – An order directing law enforcement to detain and transport defendant, who at the time may be mentally incapacitated, in such a manner as to help protect defendant from harm to himself/herself or others;

• Rule to Show Cause – A court order directing the defendant to appear in person of said court; usually issued when defendant has failed to appear at a previous scheduled time and date. If defendant fails to appear at Rule to Show Cause hearing, a warrant will be issued for defendant’s arrest.

• Sheriff Sale – A court order directing the Sheriff’s Department to sell defendant’s property (usually real estate) to satisfy judgment owed to the plaintiff.

If you have any questions regarding the sheriff’s role in serving civil process paperwork, call us at 260-925-3365 and ask for the civil process division.