Pursuant to Florida Statute 30.15, all process to be served by the Sheriff must be issued from a proper court of jurisdiction. We do not serve letters or any other form of non-court ordered process. If you have something of this nature you would like served, we suggest you contact a private process server.
We serve all process according to Florida law, which states that “The service of process issued by a court of a state other than Florida may be made by the sheriffs of this state in the same manner as service of process issued by Florida courts.” Please note that we do not notarize returns, ask as to the military status of the person to be served, and that Florida law does allow substitute service. If your state’s laws do not allow service without these requirements, or in accordance with the laws of the state in which service is to be perfected, we suggest you contact a private process server.
We require a physical address in order to attempt service. We cannot serve a post office box.
Per Florida Statute 48.031, service of law enforcement officers or any federal, state or municipal employee may not be accepted if the appearance date is less than five days from the date of service
We do not forward civil process to other counties or agencies. Civil process that needs to be served outside of Wakulla County should be sent directly to the appropriate agency.
While we will make every attempt to ensure that your paperwork is correct, it is your responsibility to ensure that everything is in order. Incorrect paperwork, missing copies, and failure to include the service fee are the most common errors, and will result in your paperwork being returned to you. As this can result in costly delays in the court process, please ensure that your paperwork is correct.
The fees for service of process are mandated by Florida Statute 30.231 and are as follows:
- $40.00 for each summons, subpoena, order or writ to be served. If there are multiple defendants to be served, a $40.00 fee and a service packet as defined here is required for each defendant.
- All enforceable writs except executions requiring seizure of persons or property: $50 in addition to the $40 This includes writs of possession and replevin.
- Civil orders of arrest (excluding writs of attachment for child support) require the $90.00 enforceable fee, and an additional deposit of $50.00 per day the defendant is to be incarcerated.
Please note that all Sheriff’s fees are nonrefundable per statute.
Writ and Levies
The Sheriff has no authority to demand payment on judgments or liens. He is required by law to levy upon and sell specifically described property to satisfy the execution issued.
Once all required paperwork and your deposit has been received a deputy will be sent to take possession of the listed property. Once the property has been secured, we will prepare a Notice of Sheriff’s Sale that will be advertised for 4 consecutive weeks in a local newspaper (The Wakulla News).
Once the sale date arrived, a deputy will conduct the sale. The sale is a public auction to the highest bidder for cash in hand only. No checks, money orders, or credit cards are accepted as payment. Should the highest bidder not have the cash in hand, the second highest bidder wins the bid at their bid price. Please note that there is no minimum bid.
The plaintiff or their representative has the opportunity to employ a credit bid at the sale. This means that you can bid up to the amount of your judgment, all accrued interest and levy costs to date.
- The original writ of execution. (Please include a copy of your judgement lien certificate.)
- Instructions for levy. This document is required to direct the Sheriff, in writing, to levy upon specifically described property; provide defendant’s residence address, place of employment, and attorney of record, if any. This document is also required to have a “hold harmless” clause per FSS 30.30.
- The Florida Supreme Court has ruled that the Sheriff shall require a deposit in advance to cover all costs in connection with the handling of an execution. Our current deposit amounts are as follows:
- Automobile: $1500.00
- Boat: $1500.00
- Real Estate: $1000.00
Proof of Ownership
For motor vehicles, boats and other watercraft, we require a printout from the Department of Highway Safety and Motor Vehicles. For real estate, we require a certified copy of the Quit-Claim or Warranty Deed. A printout from any other source (i.e. internet searches) is not considered legal proof and will not be accepted.
Motor vehicles, other personal property and real property, if levied upon, are subject to all existing liens, and potential buyers will be notified of this prior to sale.
The bidding is open to the general public (including the defendant), with the exception of Wakulla County Sheriff’s Office employees or their relatives.
You may contact the Civil Division directly at 850-745-7145 between 8:00 am and 5:00 pm, Monday – Friday.