Court Officer Exam: Court Officer Procedures   — Flashcards

Use the following court officer procedures to answer the questions below.

Writs of Execution    
Field officers serving writs of execution will be governed by administrative order #6:    
- Writs will be executed between 8 a.m. and 9 p.m. all days except Sunday. Unless ordered by the court on a motion showing good cause by a judgment creditor, no writs of execution will be served on Sunday.    
- Upon receipt of the writ of execution, the assigned court officers will sign the endorsement section and time stamp the writ. This will determine priority on multiple writs issued against the judgment debtor in this venue.    
Prior to the actual seizure of any property in possession of the judgment debtor, the field officers will serve to the judgment debtor:    
- the writ of execution    
- the mini Miranda warning and list of exemptions    
- the worksheet    
The judgment debtor will be allowed to pay the amount due to the judgment creditor together with all taxable fees prior to the seizure of any property. Payment must be in cash, certified funds, or money order only. No personal checks will be accepted. The judgment debtor will be provided with a receipt for payment signed by the field officers.    
Upon seizure of property, the field officers will use service vendors who have been approved and certified by the court. No others will be used unless circumstances exist that prohibit an approved vendor from being called by field officers.    
Seized property will be noticed for court officer sale within three days of seizure. If the property is not redeemed by full payment of the amount required to satisfy writ of execution, the property will be sold no later than 15 days from the date of seizure. The sale will occur Monday through Friday between 10 a.m. and 4 p.m. at the impound facility. Field officers will disburse funds concurrent with the filing of sale report of seized property no later than three days from the date of sale.    

Writs of Restitution    
Field officers serving writs of restitution will be governed by administrative order #7:    
- Writs will be executed between 8 a.m. and 6 p.m. all days except Sunday. There will be no service of writs of restitution on Sunday without exception.    
- Prior to the removal of occupants at the property, field officers will provide the named defendants and all occupants an opportunity to vacate within 48 hours of the date of service. The field officers will serve the defendants and all occupants a copy of the writ and move out instructions sheet. If the defendants are not present at the time of service, the writ and attachment will be posted on the front door.    
- The field officers will not remove any property from the eviction site. The property is to be removed by the property owner or landlord, or their agents. The field officers will remove the defendants and all occupants who have failed to vacate the property. Any person or persons who fail to vacate the property upon the lawful demand of the court officer acting pursuant to the writ of restitution shall be arrested and brought before the court forthwith on the charge of contempt of court and trespass.    
- The field officers will restore peaceful possession to the plaintiff. Peaceful possession is achieved when the occupants are removed from the property, the locks are changed, and the property is secured. If the property is vacant, peaceful possession is achieved when the locks are changed and the property secure. Upon completion of the restitution process, the return of service and report of activities will be filed within three days of the date of execution.    

Fee Schedule #1     
Fees and costs are taxable to the judgment debtor.    
Service of writ of execution or writ of replevin: $40    
Mileage fee within 20 miles round-trip from court: $12    
Mileage fee 21 to 50 miles round-trip from court: $25    
% execution fee of receipts to $10,000: actual    
% execution fee of receipts more than $10,000: actual    
Hourly rate @ $40 for standby/impound/sale: actual    
Posting of sales notices at three locations: $75    
Towing and storage expenses to be added to the amount required to satisfy writ.    

Fee Schedule #2    
Writs of restitution expenses to be paid by plaintiff prior to service    
Service of writ of restitution: $40    
Peaceful possession restoration fee: $35    
If arrest of defendant and/or occupant is required, the arrested party—as a condition of bond—will be taxed with an arrest fee of $175 in addition to any court costs and fines.    

Use the following situation to answer the questions.    
Court Officer Robert Mitchell and Sergeant Jorge Romero are assigned a writ of execution in the matter of Hanson Finance Company v. Lawrence Luther. The outstanding judgment balance is $8,278. On April 10, the field officers seize Luther's 2000 Chevrolet Camaro, which was located 16 miles from the courthouse. Luther fails to redeem the vehicle. The vehicle is sold at public sale for $4,300. The sale and impound process took three hours. The towing and storage charges are $300.