Civil FAQ

How much does it cost to serve my civil process?

The fee for service of a Civil Process is $30.00 per person as set forth in N.C.G.S. 7A-311.

How do I evict a tenant from my property?

To evict a tenant, you must first give the tenant a 10-day notice to vacate then file a Summary Ejectment at the Clerk of Court.

The clerk will set a hearing date and time in Small Claims Court to be heard before a Magistrate. If the Magistrate rules to move forward with the eviction there will be a mandatory 10-day appeal period.

If the tenant does not appeal the ruling and still has not moved from the residence you will then need to file a Writ of Possession of Real Property at the Clerk of Court. A deputy sheriff will then set a date and time to lock the tenants out of the property.

The Johnston County Sheriff’s Office does not participate in self-help evictions and will only conduct evictions that have been properly filed through the courts.

What is the process to get my process served?

All in-state processes are started through filings at the Clerk of Court.

For proper service you must include the original document issued by the clerk of court and sufficient copies for each defendant listed. Copies, faxes or emails will not be served. (except in 50-B Domestic Violence Protection Orders)

When service is performed we will return the original document with the deputy sheriff’s return of service back to the Clerk of Court where it originated from.

Where can you serve civil processes?

Service for a civil process can only be served at an address inside of Johnston County.

Who do I make the check or money order out to?

Checks or Money Orders can be addressed to JCSO or Johnston County Sheriff’s Office.

Out of State Service Information

For processes outside of North Carolina, please include your states’ affidavit of service as well as a self-addressed envelope for return.

What is the Sheriff’s Office Civil Division mailing address?

The mailing address for the Johnston County Sheriff’s Office Civil Division is P.O. Box 1809, Smithfield, N.C. 27577

Process Status

To check the status of a process or for questions concerning any civil matters you can call (919) 989-5753.

Additional Resources

N.C.G.S. 42-26