Mission Statement

The Sheriff is responsible to execute in his respective county, through his deputies, all process issued out of the Supreme Court, Circuit Courts, County Courts, and Boards of County Commissioners. The Civil Division provides pertinent information on how to execute process in accordance with Florida Statutes. We treat the public with the utmost courteous and efficient service we can provide to the citizens of this County and of the State of Florida.

Responsibilities

The duties of the Civil Division are to effect service of process on individuals who reside within Charlotte County. We serve non-enforceable and enforceable writs. The non-enforceable writs require service only and include divorce actions, summons and complaints, 5 day summonses, juvenile summonses, witness subpoenas, traffic subpoenas, and other similar types of documents. Enforceable writs require some positive action against a person or thing and include Domestic Violence and Repeat Violence Injunctions, Writs of Possession for Landlord/Tenant Actions or Mortgage Foreclosures, Writs of Replevin, Sheriff's Levies and Sales under Writs of Execution, Ex Parte Orders for Baker Acts or Marchman Acts, and other types of documents.

General Information

The Civil Division is charged with the responsibility to see that these functions are performed pursuant to Florida Statutes and in accordance with Sheriff's Office Policy and Procedure. We help to inform the public on the various procedures required in order to execute certain types of process pursuant to Florida Statutes.

Our task involves the processing of documents, making sure they are accurate, and executing them in a timely manner. The job includes data entry, printing a return of service form, and assigning the paper to the appropriate deputy for service.

The Civil Division of the Sheriff's Office is located at the Charlotte County Justice Center (Courthouse), 350 E. Marion Avenue, Punta Gorda, Fl. Our office is on the first floor. Look for the sign marked "Sheriff" and follow it to our office. We are open to the public from 8am to 5pm, Monday through Friday, except for holidays. Our mailing address is: Charlotte County Sheriff's Office, Attention: Civil Division, 7474 Utilities Road, Punta Gorda, Fl. 33982

Public Awareness Issues

On October 1, 2001, there was a major legislative law change in the way Writs of Execution are handled by the Sheriff's Office. Before October 1, 2001, Writs of Execution were indexed and docketed with the Sheriff's Office, that is no longer being done. Once you get your judgment there are two things you should now do. First obtain a Judgment Lien by recording a Judgment Lien Certificate with the Department of State which establishes priority of lien on the Judgment Debtor/Defendant's personal property. Second you should obtain a certified copy of your final judgment for recording with the clerk of courts in the county where the real or personal property is located.

The Department of State's forms may be downloaded from their website at: www.sunbiz.org.

You will also need to check this internet website to see if there are any judgment liens filed under the name of the Judgment Debtor/Defendant.

You are also required to check for Creditors/Plaintiffs who have filed UCC Security Interests in the name of the Judgment Debtor/Defendant at www.FloridaUCC.com.

Sheriff's Requirements for Personal Property Levy:

1. Writ of Execution
2. Instructions for Levy (form obtained from our office)
3. Cost Deposit
4. Addresses of all parties
5. Creditor's Affidavit/Sheriff's Certification through September 30, 2003
6. Creditor's Affidavit pursuant to Chapters 55 and 56, Florida Statutes, attesting to all information against the Judgment Debtor/Defendant in the database of the Department of State.

1. Writ of Execution
2. Instructions for Levy with physical and legal address (form obtained from our office)
3. Cost Deposit
4. Addresses of all parties
5. Current Title Search to establish priority of judgment lien holders as to when a certified copy of the Judgment was recorded with the clerk of courts in the county where the property is located and to be levied upon.

We do have a brochure available in our office from the Florida Department of State on "How to Collect a Judgment in Florida Under the New Judgment Lien Law".

Contact Information

For additional information on service of civil process, or the procedure for the New Judgment Lien Law, you may contact our offices direct at:
Charlotte County Sheriff's Office
Civil Division
(941) 637-2272 or 637-2273