WRIGHT COUNTY SHERIFF’S OFFICE DUTIES



WRIGHT COUNTY SHERIFF’S OFFICE DUTIES

CLARION, IOWA

JOB DESCRIPTION – OFFICE MANAGER

CIVIL PROCEDURES

Original Notices, Petitions, Summons & Subpoenas

Check over the papers when received to make sure Wright County address for service, stamp with date received, enter in the computer, prepare cover sheet for service. Once served by the Sheriff or Deputy, process return of service, send billing to collect fees, process fees when received and see that the return of service is returned to the proper county of origin unless specifically directed otherwise. Attached to this job description is a detailed step by step process on entering civil papers into SLEUTH.

Bad check notices

Process in same manner as above but the return of service is returned to the person who requested the service.

Orders

Orders received for service are processed in the same manner as above and are personally served on the defendant. Read the order to see if it is to be served a certain number of days before the hearing date. If so note that on the cover sheet for service. Such orders are Restraining Orders, Temporary Restraining Orders, Order to Show Cause, Order to Appear and Writ of Injunctions.

Eviction notice

First a 3 day notice or 30 day notice must be given to the defendant from the property owner, manager, etc. This notice could also be served to the defendant from the Sheriff if the property owner wishes to. The plaintiff then gets a forcible entry and detainer from the clerk of court and this must be served to the defendant by the Sheriff. The judge will set a hearing date for the plaintiff. When the clerk of court receives a ruling on a forcible entry and detainer action in favor of the plaintiff, the plaintiff will need to request from the Clerk of Court to issue a Writ of Possession within 3 days after the ruling is rendered. It will not be done automatically. The plaintiff will then need to contact the Sheriff’s Office to set up an eviction date. A detailed eviction procedure is located in the CIVIL PROCEDURE MANUAL under evictions.

General executions

Executions are received from the Clerk of Court in any county in the state of Iowa to be processed as the dictation states. If request is for Sale of Personal property, check to see if clear of prior liens with county Recorder or Treasurer, prepare Notice of Sheriff’s Levy and give proper notice to parties and attorney, have Sheriff or Deputy post in 3 public places (courthouse, city hall & public library), and publish in local newspaper 2 consecutive weeks prior to sale date. After Sheriff holds the sale, complete the paper work and collect the fees and make a return of service to Clerk of court.

Special executions

Process in same manner as above and these usually pertain to real estate so the property description must be checked to be sure that it is the correct legal description. If the special execution is received from another county you must make an entry in the Encumbrance Book in the Clerk of Courts office of this county. Prepare Notice of Sheriff’s Levy and Sale. Fax completed notice to the attorney and ask them to verify that it is correct and if so have them fax back in one week so we can start proceedings. After receiving the OK from the attorney, have the Sheriff sign off and fax the notice to the appropriate newspaper for publication. When selling real estate there shall be a 2 weekly publications of such notice with the first publication at least 4 weeks before the date of sale. There maybe platting of the property also. Make copies of notice and post at the three posting sites and serve the defendants listed on the notice. Prepare cost statement from the worksheet you have figured and fax the cost statement to attorney two weeks before the sale date. The Sheriff holds the sale on the date and time set. If there are no bidders the property goes back to the bank. If there is a redemption time, issue a Certificate of Purchase. The deed is not issued until after the redemption period and the original Certificate of Purchase is presented to the Sheriff’s Office. If no redemption time, Deed is issued after sale. The attorney will contact you the day of the sale or next day inquiring if they received the winning bid. They will then send out a check for the fees (sometimes the attorney will send the check a week in advance assuming they will get the bid). Once the fees are applied to the sale, complete the return of service (word document), cut a check to the newspaper, and make a return of service to Clerk of court. When setting up sale dates for Special Executions, try to keep it at only two a week. With everything else going on having three gets hectic. Sales are held on Tuesday’s starting at 10:00 with the next one being held at 10:15. There is a special sheet to use that tracks everything you have done as these sales get drawn out and it’s nice to write down what you have done.

Writ of attachments and Writ of Replevin

Received from Clerk of Court, date stamped and process as directed when property is located. Collect service fees and make return of service to proper Clerk of Court.

Garnishments

Garnishments are NOT done in the computer. Papers come from the Clerk of Court and dictation gives request for garnishment. Make out worksheet to figure amount to be garnished and fill out garnishment forms and make copies for service. Make up new folder and put in alphabetical order in the file drawer. Once service has been made on the garnishee, keep a record of the amount received in cash book and the garnishment (fee) book each time money comes in and process funds when garnishment expires (120 days) by making return of service to Clerk of Court. Multiple garnishments can be served on a person at the same time as long as they are not from the same creditor. Directions are in the CIVIL PROCEDURE MANUAL under garnishments.

SIGNATURE AUTHORIZATION

Office Manager in the Sheriff’s Office is the only person to legally sign sheriff’s documents and be legal, sign checks and lock box authorization.

Bankruptcy

Upon receipt of a Petition of Bankruptcy from the Bankruptcy Court, cease all action or pending action in this office. If holding assets a contact to the trustee is to be made.

Condemnations

These are processed through this office and the Civil Procedure Manual outlines steps in processing the paper work and procedures.

Weapon permits

Take applications for NonProfessional, Professional, Peace Officer, Reserve Officer, Permit to Acquire, and renewals, collect fees, have dispatch run background check, enter information in computer and print permit. Permit to Carry – when entering these into the computer; the “issue date” is the date you enter the info in the computer. Not the application date. The “expired date” is five years to the day from date of issue. Permits to Acquire – these are done on the typewriter. These are good for one year and the “issue date” is the date on the application with the “expiration date” being one year out.

Sex offender registration

Go to the SOR icon on the computer. Everything is done on the computer and signature of the registrant is captured digitally. Information is sent electronically to Des Moines. Photos (taken on the annual anniversary date) are uploaded from the “S” drive and downloaded on the Iowa Sex Offender Website. $25.00 fee is charged on anniversary date. A two-step process using two different web sites. Always keep hard copy of info as Scott Lamp looks at this when he does his spot checks on registrants.

GENERAL OFFICE DUTIES

Greeting people who come to the office, answering phone calls and taking messages, opening the mail and distributing it to which it is directed, answering all requests for various reports such as accidents, theft, burglary and etc. Keeping monthly case files. Make out quarterly report of Sheriff’s fees due the county and monthly report for Juvenile reimbursement of court ordered services.

Responsible for bookkeeping procedures such as keeping cash book, making out bank deposits, writing checks, balancing check book and cash book on the last day of the month, approving funds from petty cash and keeping petty cash records.

Making out receipts for all checks/cash that come in for civil, garnishments, weapon permits, K9 Donations (K9 uses a different receipt book),

Entering all cases served in fee book and computer and doing computer backup weekly.

Entering all garnishments in the garnishment book.

Ordering office supplies.

Approving claims sent to the Auditor each week from the Sheriff and Jail and assisting with the yearly budget.

There is no room for errors/ if there are errors the county becomes liable for any damages caused by our error.

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