Supplemental defendant information

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. Helpful information includes:

• Complete defendant personal information including middle initial, date of birth, social security number, last known address, place of employment, etc.
• Physical description including age, height, weight, hair color, glasses, moustache, scars, marks, tattoos, etc.
• Vehicle descriptions, photograph of the defendant, etc.

Alternate (substitute or 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. We adhere to strict service procedures and rigorous documentation that can assist you when filing a motion for alternate service.

Do not ask us to leave a summons or other writ at an avoiding defendant’s residence in the hope that he or she will appear. The Gage County Sheriff’s Office will only serve process according to the law. If we cannot serve a writ, a return of not found must be made. State statute 25-507.01 requires us to return not found Summonses to the issuing court.

Our process server works in an increasingly dangerous environment. He is not a law enforcement officer and is not armed. Their physical safety is paramount. Please indicate on your Praecipe if a defendant has:

• a history of violence
• a history of mental instability
• a history of alcohol or drug abuse
• a history of weapons offenses
• a communicable or infectious disease

Billing for services rendered is a privilege. All fees will be paid in advance unless prior arrangements are made with our civil process office.

Billing attorneys for service fees is a privilege and not a right. State Statute 33-120 allows us to collect our fees in advance before rendering service. Unlike many other sheriff’s offices and other branches of government, our office is one of the few agencies that will serve process without advance payment if prior credit approval is established.

Please pay service fees within 30 days of billing statement. If not paid within the 30 days, legal action will be taken to collect. Advanced fees will then be required before any attempts will be made on all future civil process.

Fee Schedule

In accordance with Nebraska Statute 33-117, the following fee structure for process service is in effect:

• Service fee (per writ) $18.00 per original (if served) + mileage (whether served or not)
• Return fee (per writ) $6.00 if unserved + mileage (whether served or not) 

These fees are not all inclusive for all writs but gives you a general idea of the fee structure regarding civil process. See statute listed above.

Unused advance fees will be refunded. If fees and mileage are over the amount collected, you will be billed for that amount.

Please make checks payable to Gage County Sheriff.

Questions on fees or billing statements

If you have any questions regarding your monthly fee statement or about our fees, please telephone 402-223-5221 Kylee Schoen x 1212 or Julie Miles x 1217.

Unless you have specific requirements that a Subpoena Duces Tecum must be served upon a named individual, please specify that service is to be effected upon “the custodian of records”. If you specify service upon a named individual instead of custodian of records, service may be delayed or impossible because the named individual is on vacation, sick leave or is otherwise unavailable.

Please notify the Gage County Sheriff’s Office at 402-223-5221 if you change addresses so that we have a current billing address and contact number.

Do not make witness fees payable to the Gage County Sheriff’s Office. Unnecessary endorsements, handling and other measures must be taken when witness fees are incorrectly made payable to this office. We are a governmental agency and this oversight results in time consuming and needless accounting headaches and delays.

Please specify the attachments on the Praecipe so that the clerical staff can determine when all additional papers or attachments have been received and the writs can be combined and routed for service. Failing to do this can result in delays that reduce the chances for successful service.

When combining writs for service that have different due or return dates, service will be attempted until the first applicable due date. For example, if you instruct us to combine a Temporary Restraining Order (TRO) with a Summons for simultaneous service, we will attempt service until the TRO expires. It is your responsibility to track your case file and check for service when the shortest applicable due date approaches. You must then provide us with additional service instructions regarding any remaining active writs.

Inquiries from clients checking for service or seeking information about our process service responsibilities commonly evolve into requests for legal advice or for comparisons between what the client believes his or her attorney should be doing and what other attorneys do under similar circumstances, etc. The drain on our clerical staff is substantial. It is our policy to deal only with attorneys, collection agencies or individuals representing themselves. We do not provide legal advice or information to plaintiffs or defendants.

Service addresses must be within Gage County

Communication: Cornerstone of successful process service

Unfortunately, it is no longer possible to give each writ the individual attention that was possible even a few years ago. By communicating with us and fulfilling your obligations via a complete and accurate Praecipe and paying service fees promptly when billed, our relationship will be a positive and productive one.

Returning telephone calls from deputies/process server

Our deputies and process server are not required to perform legal research or conduct investigations to locate defendants. However, in the course of their service attempts they often develop leads on where a defendant may be or have questions on how to proceed with service when all leads and service information have been exhausted. Under these circumstances they commonly contact the plaintiff’s attorney seeking further instructions or assistance. If you receive a message that a deputy or process server has called and is attempting to serve process for you, please return the call as quickly as practical. If additional information is required, two attempts will be made by telephone to contact originating attorney or court. Unsuccessful contact will result with writ being returned.

Please notify us when a defendant we are attempting to serve enters a voluntary appearance so that we can cancel our service attempts.

In our efforts to provide professional and efficient civil process service, we continuously seek suggestions and new ideas to assist us in improving the efficiency and effectiveness of our operation.

If you have a suggestion or comment about our operation, please feel free to contact us. Complaints, comments, and suggestions are valuable forms of feedback that enable us to fine-tune our procedures.

If you have a suggestion or comment please telephone the Civil Process Division at 402-223-5221 x 217.

The Civil Process Division enjoys a reputation for efficiency, professionalism and integrity. However, the nature of civil process service can sometimes yield misunderstandings and complaints. If you have a complaint, telephone the appropriate number below. All complaints are actively investigated and resolved.  If your complaint involves process service and/or a deputy or process server, contact either:

• Sheriff Millard “Gus” Gustafson 402-223-5221 x 1210 or Chief Deputy Douglas Klaus 402-223-5221 x 1202.

Goods and chattels first

State statutes 25-1516 and 25-1518 require us to levy upon goods and chattels before levying upon lands and tenements. The law also requires us to make a diligent search for goods and chattels before returning an execution unsatisfied. We cannot legally make a return of unsatisfied if unencumbered assets upon which to levy are found without written authorization from the plaintiff’s attorney. This can be done by email to sheriff@gagecountyne.gov See information on executions out of District Court.

Leviable property known to the petitioner or plaintiff attorney

Please notify us if you know of leviable property. The search for goods and chattels is facilitated if known and unencumbered assets are indicated to us. It is important for the plaintiff’s attorney to check for liens and encumbrances on any prospective property before we levy on it. Advanced fees will be collected prior to taking any personal property which will help cover the towing and storage expense.

Partial judgment satisfaction

If you as the plaintiff’s attorney have received monies from a defendant partially satisfying a judgment, please notify us immediately so that we can adjust our collection efforts accordingly.

If the plaintiff and defendant in an action arrive at a mutual agreement, please notify us immediately so that we can discontinue our efforts.

Per statute, all occupants of the dwelling or building are evicted forthwith. The process deputy will stand by while the locks are being changed for purposes of keeping the peace. The petitioner will make prior arrangements for a locksmith to meet the deputy at the property where the locks will be changed. Once the property has been returned to the petitioner, the defendant will have to make arrangements with the petitioner to remove other personal belongings.

You must include the legal description with the writ. It shall have the full recorded legal description as found at the Register of Deeds Office. No shortened legal descriptions shall be accepted or the writ will be returned indicating same. A situs address or directions must be included since we have to post the property and can be found at the Assessor’s Office.