CIVIL PROCESS

Time of service of papers varies. The Deputy assigned to your paper will make as many diligent attempts as necessary in order to achieve service or enough information regarding whether the to-be served party currently resides at the provided address or if they may be avoiding service. A “notice” is left upon the first attempt with the Lincoln County Sheriff’s Office phone number and a reference to type of service attempted. This gives the to-be served party the opportunity to make arrangements for service for delivery or to pick it up at the Sheriff’s Office.

sunset_sheriffsuvTo facilitate and expedite service, it is important you furnish the most up to date information such as last known residence, place of employment, complete defendant personal information including middle initial, date of birth, social security number, last known address, vehicle descriptions and license numbers.

For the safety of the deputy and others, it is very important to state on your praecipe if a defendant has a history of violence, mental instability or communicable or infectious diseases.

Service fees

All papers issued to the Sheriff’s Office for service, whether it be from the Courts, the attorneys, or the litigants themselves, must have a prepaid deposit. There are no exceptions to this requirement. This deposit is separate from any filing fees paid to the Court Clerk to have a paper issued so it will be necessary to either come directly to the Sheriff’s Office to leave the deposit, attach with papers being issued from court, or an Attorney Account is also available for those whom have many papers going through for service. Any paper received where fees are not obtained prior to service, will be returned directly to the Courts, with no service attempted.

All listed costs are minimal and are increased according to number of people required to be served, number of different locations attempts are made at, and the total mileage.

Minimum fees are:

  • To be served inside city limits of North Platte – $20.85
  • To be served outside city limits of North Platte – $18.00 plus 57¢ per mile
  • Fees must be provided for each writ/person served.

Types of Service

Residential Service – allows anyone of suitable age, living at the same address as the defendant, to be served.

Personal Service – requires the Deputy to deliver the paper personally to the person named on the paper.

Constructive Service – If you have trouble locating an avoiding or difficult defendant, you have the option of filing a motion for substitute or constructive service under State Statute §25-517.02. This Statute states; Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be made

(1) by leaving the process at the defendant’s usual place of residence and mailing a copy by first-class mail to the defendant’s last-known address,

(2) by publication, or

(3) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard.

If you know that a defendant is going to be difficult to serve or has a history of avoiding service, please provide us with as much information as possible. Additional information increases the likelihood of successful service