Civil Division Overview
The Civil Division of the Clayton County Sheriff’s Office is located at the Law Enforcement Center. This division handles all civil and administrative functions of the Sheriff’s Office. Working closely with patrol deputies, jail, and leadership, the Civil Division processes and serves civil documents. These include subpoenas, court orders, writs, original notices, garnishments, sheriff’s levies and sales, as well as substance abuse and mental health committals.
The Civil Division is open Monday through Friday, 8:00 am to 4:00 pm, excluding county-recognized holidays.
Civil Process Service
The Clayton County Sheriff’s Office is required under the Code of Iowa to charge fees for the service of civil documents. The Sheriff’s Office may decline to serve most civil papers without advance payment of these fees. Iowa attorneys in good standing and certain pre-approved companies may be billed directly. All others are required to pay in advance. Acceptable forms of payment include cash, cashier’s checks, checks, credit or debit cards, and money orders.
The type of document and the location of service determine the applicable service fees. In accordance with the Iowa Rules of Civil Procedure, once a document with a court case number has been served, the Return of Service will be filed with the appropriate Clerk of Court unless other instructions are provided. If no court case number is listed, the Return of Service will be mailed to the individual or firm that requested the service.
Before any civil process is served, the Directions to the Sheriff, the required advanced service fees, and the documents to be served must be submitted to the Clayton County Sheriff’s Office. A printable version of the Directions to the Sheriff form is available on this website.
Fee Schedule
The following fees are established by the Clayton County Sheriff’s Office
- Accident Report: $5
- Driver’s License Check: $10
- Fingerprinting: $10
- Prisoner Room and Board: $50 per day, with a maximum of 3,000, with no cap for work release or alternate sentencing
- Sex Offender Registration: $25
Garnishments
A garnishment is a legal process initiated by a creditor after a court has awarded a judgment against a debtor. If the creditor knows that the debtor has funds or property held by a third party, such as wages owed by an employer or money in a bank account, the creditor may request a garnishment to recover the owed funds. Garnishments are governed by Iowa Code Chapter 642, which limits the amount that may be withheld. Service fees are added to the total amount of the judgment. The execution must be issued and delivered or mailed by the Sheriff’s Office using the Garnishment Directions for Service.
Many banks and employers require additional identifiers, such as a Social Security number or account number, to ensure the correct person is being garnished. Without this information, garnishment service may still be performed, but the likelihood of collecting funds may be significantly reduced. Garnishments expire 120 days from the date they are issued by the Clerk of Court. For non-wage garnishments, the Sheriff’s Office requires the defendant’s last known address, as notices must be sent via restricted certified mail and one copy by first-class mail.
No Contact and Restraining Orders and Civil No Contact Order
A Civil No Contact Order is issued in domestic violence cases to prohibit the defendant from contacting the protected party. These orders are requested by the protected party under Iowa Code 236.3A. The Clerk of Court provides the order to the Sheriff’s Office for service on the defendant.
Criminal No Contact Order
A Criminal No Contact Order automatically prohibits contact with the protected party in domestic violence cases, pursuant to Iowa Code 664A.3(1). These orders are usually issued following an arrest of the defendant.
Restraining Order and Injunction
A restraining order or injunction directs an individual to refrain from certain acts or to correct a wrong. These judicial orders are preventive and protective in nature, aimed at future conduct rather than past actions. Consult an attorney regarding the need for and ability to obtain such orders.
Eviction Procedures
All evictions within Clayton County are handled by the Sheriff’s Office. The eviction process, which includes the removal or recovery of personal property, is determined by the landlord’s reason for eviction and is governed by Iowa Code Chapter 562A.
Forcible Entry and Detainer must be served by a disinterested third party in accordance with Iowa Code 648.
Landlords are responsible for providing the labor required during the eviction. To schedule a Writ of Possession, landlords must visit the Clayton County Sheriff’s Office.
Monday - Friday 8:00 am to 4:00 pm
No Contact and Restraining Orders
Civil No Contact Order
A Civil No Contact Order is issued in domestic violence cases to prohibit the defendant from contacting the protected party. These orders are requested by the protected party under Iowa Code 236.3A. The Clerk of Court provides the order to the Sheriff’s Office for service on the defendant.
Criminal No Contact Order
A Criminal No Contact Order automatically prohibits contact with the protected party in domestic violence cases, pursuant to Iowa Code 664A.3(1). These orders are usually issued following an arrest of the defendant.
Restraining Order and Injunction
A restraining order or injunction directs an individual to refrain from certain acts or to correct a wrong. These judicial orders are preventive and protective in nature, aimed at future conduct rather than past actions. Consult an attorney regarding the need for and ability to obtain such orders.
Eviction Procedures
All evictions within Clayton County are handled by the Sheriff’s Office. The eviction process, which includes the removal or recovery of personal property, is determined by the landlord’s reason for eviction and is governed by Iowa Code Chapter 562A.
Forcible Entry and Detainer must be served by a disinterested third party in accordance with Iowa Code 648. Landlords are responsible for providing the labor required during the eviction. To schedule a Writ of Possession, landlords must visit the Clayton County Sheriff’s Office Monday through Friday, 8:00 am to 4:00 pm. The Sheriff’s Office does not provide legal advice.