Civil Division

Please note:  Requests for service of civil documents received after 2:30 p.m., Monday-Friday, may be processed the following business day or as soon as possible thereafter. 

Prepayment of Sheriff Fees

All individuals and out-of-state businesses are required to prepay for services unless other arrangements have been made in advance or unapplicable by Iowa or Federal Law.  If prepayment is required you may contact the Office Deputy (listed below) in advance for an estimate of costs.  Any additional fees incurred above the estimate will be invoiced, and unused funds over $5.00 will be refunded unless requested otherwise at the time payment is made. 

Upon receipt of the final payment our Affidavit of Service will be filed with the clerk of court, or sent to the person requesting the service. 

Contact the Office Deputy for an estimate or send a minimum of $100 per individual needing to be served, and the above  policy will apply.

Original Notices

General Executions - Personal Property

Garnishments - Due to Iowa Code Section 642.14A passed July 1, 2014, we now require $100.00 prepayment on all garnishments.

Injunction

Temporary Injunction

Order

Restraining Order

Temporary Restraining Order

Show Cause Order

Real Estate Sales General Execution - Prepayment of $100.00 is required upon receipt of the Execution and prior to setting the sale date.

Real Estate Sales Special Execution - Prepayment of $100.00 is required upon receipt of the Execution and prior to setting the sale date.

Subpoena

Summons

Citation

Writ of Replevin

Writ of Possession (Eviction)

Eviction Procedures

1.  When the clerk of court receives a ruling on a forcible entry and detainer action in the plaintiff's favor the plaintiff will need to request that the clerk issue a Writ of Possession to the sheriff.  It will not be done automatically.

2.  Contact the sheriff's office at 641-623-5679 opt 3, between 8 a.m. and 4 p.m. Monday through Friday to schedule an eviction time.  We will not schedule an eviction for the same day you have contacted us.  We do not have staff available to do evictions on the weekend.  The eviction must be completed by 4 p.m., so we will schedule with those goals in mind.

3.  The sheriff's office will deliver a copy of the writ along with a courtesy letter stating the date and time of the eviction to the address of the defendant.  It is not necessary to serve this letter on the defendant, so if no one is available to receive it, we will post it on the door.  There is no charge for this service.

4.  The day of the eviction we will meet the plaintiff or his agent to check the location to see if the defendant has vacated voluntarily.  If the defendant has voluntarily vacated the real property we will officially turn the real property over to the plaintiff.

5.  At the time of the eviction we will expect the plaintiff to provide enough manpower to complete the eviction no later than 4 p.m. that day.  We recognize that unusual situations requiring more time will occur occasionally,  if the plaintiff comes to the eviction grossly understaffed we will reschedule for a time that enough staff can be provided.  Our function is to provide the authority, keep the peace, and direct the procedure.

6.  We request that the plaintiff provide enough boxes and large trash bags to facilitate efficient moving of property.  It is recomended that you wear protective gloves and keep in mind the danger of sharp objects and blood borne pathogens.  The eviction may be postponed by the sheriff if weather conditions are severe.

7.  We have the plaintiff move the property to the curb.  If this is not feasible, alternatives should be arranged in advance whenever possible.  Be prepared to deal with abandoned vehicles through your local tow company at the time of eviction.

8.  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; however, the sheriff's office will take possession of any weapons, medication, and cash for safekeeping.

9.  Our fees for service of a Writ of Possession (an eviction) are $30 plus mileage.  If we have to oversee the removal of personal property, the plaintiff will also be charged $25 an hour for our time.

Poweshiek County Sheriff's Office
Attn: Civil Division
PO Box 297
4802 Barnes City Rd.
Montezuma, Iowa 50171

Office Hours
Monday - Friday
8:00 a.m. - 4:00 p.m.

Phone: 641-623-5679 (Opt. 3)
Fax: 641-623-5120
Email: Cecily Carpenter, Office Deputy