Civil Division FAQs
What is a Garnishment and what do I need to start?
A garnishment is a legal proceeding taken by a creditor after a judgment is awarded from a court against a debtor. If the creditor knows that the debtor has money, or property, in the hand of a third party (wages owed by the debtor's employer, funds in a bank account, etc.), the creditor may have a garnishment served to recover funds owed on the debt. Iowa Code 642 governs the amount allowed to be withheld.
Advanced fees are required. The actual fees for service are added to the amount of the judgment to be garnished. If the Sheriff's Office receives enough funds from the garnishee to cover the cost of the Sheriff's fees, the advance fee will be refunded. If the entire advance fee is not needed to cover the fees, the remaining amount will be refunded.
The execution must be issued and delivered/mailed by the Sheriff's Office with Garnishment Directions for Service (PDF).
Most banks and many employers require (besides the defendant's name) another identifier such as a social security number/account number. This is to ensure the correct person is being garnished. Without this information the garnishment will still be served, but your chance of receiving any funds may be reduced dramatically.
Garnishments expire 120 days from the date it was issued by the Clerk of Court.
The Sheriff's Office will require the last known address for the defendant, since for all non-wage garnishments a notice of garnishment is required to be mailed by restricted certified mail, as well as one copy by first class mail.
What are the different types of No Contact/Restraining Orders?
No-Contact Order (Civil)
A Civil No-Contact Order is a domestic violence case, an order forbidding the defendant from having any contact with the protected party. This order is issued at the request of the protected party according to Iowa Code 236.3A (PDF). This process begins at the Clerk of Court Civil Division for the county in which the victim resides. The Clerk of Court will provide the Sheriff's Office with the order to serve the defendant.
No-Contact Order (Criminal)
A Criminal No-Contact Order prohibits contact with the protected party by the defendant. This order is issued automatically by the courts in domestic violence cases according to Iowa Code 664A.3(1) (PDF). This normally involves an arrest of the defendant prior to the no-contact order being issued.
Restraining Order/Injunction
A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. A judicial process operating in personam and requiring person to whom it is directed to do or refrain from doing a particular thing. Generally, it is a preventative and protective remedy, aimed at future acts, and is not intended to redress past wrongs. Consult your attorney about the need and ability to obtain a restraining order/injunction.
Bad Check Notices
The complainant that received the bad check or share draft (insufficient funds, closed account, stop payment, etc.) can have a disinterested third party or the Sheriff's Office serve the notice (PDF) to the author of the check. The Sheriff's Office will require advance fees and directions (PDF). The author of the check has 10 days from date of service to make good on the check or criminal charges may be filed per Iowa Code 714.1.
Eviction Procedures
All evictions within Fayette County are handled by the Sheriff's Office. This is a numerous step process which involves the removal and/or recovery of personal property. The landlord(s) reason for the eviction determines the process.
Iowa Code 562A (PDF) outlines the eviction process
Advanced Fees Required
Sheriff Office strongly suggests all notices be served to all adult tenants and by a disinterested third party
The person serving the notice needs to complete an affidavit of service
Forcible Entry and Detainer must be served by a disinterested third party that follows Iowa Code 648 (PDF)
Eviction procedure (PDF) following a Writ of Possession, if favorable to plaintiff
Landlords are responsible for supplying the labor needed at the eviction
SHERIFF’S OFFICE DOES NOT PROVIDE LEGAL ADVICE
Eviction Policy
Fayette County Sheriff’s Office Eviction Procedure
Following service of Notice to Quit and Forcible Entry and Detainer
- When the clerk of court receives a ruling on a forcible entry and detainer action in your favor, you will need to request the clerk issue a writ of possession to the Sheriff. It will not be done automatically. Once issued, you will need to deliver that paperwork to the Sheriff’s office.
- Contact the Sheriff’s Office civil division at: (563) 422-6067 ext 225, Monday through Friday, 8AM to 4PM, excluding holidays, to schedule the eviction. We will not be able to schedule the eviction the same day you contact us, and we do not schedule evictions for the weekends. Evictions will be conducted Monday through Friday, during daylight hours.
- The Sheriff’s office will post a copy of the Writ and the courtesy notice at the address given on the writ indicating the date and time the eviction will take place. This is done as a courtesy and there is no fee for this.
- The day prior to the scheduled eviction, the plaintiff is expected to check the location to see if the defendant(s) has vacated the property. Please call our office to confirm or cancel the eviction.
- On the day of the eviction, the plaintiff is expected to provide enough manpower to complete the eviction in approximately one hour. We understand that unusual situations requiring more time will occur. If the plaintiff fails to supply enough labor, the Deputy is instructed not to start the eviction. This will require the plaintiff to set up a new date and time with the sheriff’s office. The sheriff’s office function is to provide the authority, keep the peace, and direct the procedure. We do not assist with property removal.
- The plaintiff should provide enough large garbage bags to allow efficient moving of the property. If a waterbed needs to be drained, please bring a pump to speed up this process. If there is any inclement weather, the sheriff’s office will postpone the eviction process.
- The plaintiff will move the property to the curb way, which is the area where the garbage pickup is done. If this is not feasible, alternatives should be arranged in advance whenever possible. Be prepared to deal with abandoned vehicles through your local law enforcement agency at the time of the eviction. Property is to be removed within 24 hours from the curb way. The largest dumpster available from a local garbage service is also required. We will expect the plaintiff to remove all property/garbage from the location, including any storage areas or garages. We will not be involved in determining what is valuable and what is not. If the defendant vacates voluntarily, it is up to the plaintiff to decide if they want to have our office standby while any remaining property is removed. If the eviction is canceled, the plaintiff accepts any liability for the property left behind. The Sheriff will require advanced fees prior to an eviction taking place.
Records Requests
The Fayette County Sheriff’s Office is committed to complying with the Iowa Open Records Act. Records that are defined as open under the law shall be released upon request. There are some records that are deemed confidential; therefore, we cannot release them.
If you are requesting a report or records by mail, please submit a request with information specific to what you are asking for. Please provide a contact number or valid email so that the Records Clerk may contact you after researching your request. This request should be mailed to: Fayette County Sheriff’s Office, ATTN: Records Department, PO Box 518, West Union, IA 52175.
There may be time needed to prepare the record in question. Often time is needed to determine if the request qualifies for copying or viewing. You will be notified as soon as possible after researching and/or seeking legal advice is completed. The reasonable costs of providing the open record(s) to you must be pre-paid if the record is being sent back to you or paid for at the time you pick it up in person in our lobby.
For a general overview of fees associated with open records, click Fee Schedule to visit the page on this website.
How do I request a Military Background Check?
Requests for the Armed Forces may request a record’s check by emailing their request to: leberhart@fayettecountyso.us. A local recruiter may also bring the request to the Sheriff’s Office during normal business hours.
How Do I request a Criminal Background Check?
We provide criminal background checks for Fayette County Sheriff’s Office Arrests Only. We do not disclose juvenile records. This does NOT include information about other agency’s arrests. You will need to check with other agencies for additional information. The criminal records check does not include disposition information on any of the charges, it simply states that the individual was arrested. We caution you of your use of this information without full court disclosure on the disposition of each charge. For Disposition information you will need to contact the Fayette County Clerk of Court at (563) 422-5694.
Statewide criminal background check information can be found through the Iowa Department of Public Safety.