Civil Process 

  By some accounts, the original purpose of Sheriff's Offices was to act as agents of the Courts. This is certainly one of the oldest duties of sheriffs and their deputies, and is still one of our primary functions today. Our Civil Process office receives papers for service on individuals and companies and distributes them out to deputies for service. Service of a paper is the delivery of the document to either the person named on it or to a family member at least 13 years of age. Avoiding service is a Class B Misdemeanor in Illinois, and depending on the circumstances can also be Intimidation, a Class 3 Felony. We handle hundreds of these papers every year, and there is a fee for this service. For more information contact our Civil Process office at (309) 937-3970 on weekdays from 8:00 AM to 4:30 PM. 

Illinois law requires all Sheriff's to serve, execute, and return all warrants, process, orders, and judgments of every description that may be delivered to them. The rules and procedures for the execution and service of these various documents are contained in the Code of Civil Procedure as well as in several Illinois Supreme Court Rules. This duty is essential to the smooth functioning and administration of the judicial system, since the documents are necessary to require courtroom attendance of persons being named in both civil and criminal cases.

The person initiating the court action is called the "Plaintiff" and the person on whom the action is being taken is called the "Defendant". This may be the most familiar in criminal court, where the Plaintiff is the people represented by the States Attorney. In civil cases both parties hire their own legal counsel.

The Civil Process Division at the Henry County Sheriff's Office acts in coordination with the Patrol Division to deliver court papers all across the county. Patrol Deputies attempt to locate the persons named in the papers and present them with the documents. When a paper is served, proof of service is returned to the plaintiff.

Fees For Civil Process Services

The following fees for the successful serving of papers have been approved by the Henry County Board and became effective on April 1, 2003.

Sheriff's Fees Effective April 1, 2003

Successful Service of Papers on Person or Business

Fee

Civil Process Service

$35.00

Tax Notice Service

$42.00

Certified Tax Notice Service

$42.00

Warrant Service

$35.00

Take Bond Fee

$14.00

A Service of Process Return Fee of $5 is charged on all papers, whether or not they are served.

In addition, a Mileage Fee is added when a paper is served and depends on the distance travelled to serve the paper, as shown below:

Mileage Fee in Addition to Successful Service Fees

Address (except Rural locations, see note at bottom)

Fee

Alpha

$18.00

Andover

$5.00

Annawan

$25.00

Atkinson

$20.00

Bishop Hill

$11.00

Cambridge    $1.00

Cleveland

$24.00

Colona

$22.00

Galva

$16.00

Geneseo

$12.00

Green River

$20.00

Hooppole

$37.00

Kewanee (except Wethersfield, see below)

$16.00

Lynn Center

$9.00

Nekoma (Woodhull)

$10.00

Ophiem

$13.00

Orion

$14.00

Osco

$8.00

Wethersfield (Kewanee south of Division St.)

$17.00

Woodhull

$14.00

Note: For residents in rural areas outside the above Towns/Villages, the Mileage Fee is adjusted based on the actual mileage travelled to serve the paper. Contact our Civil Process Division during normal business hours at 309-937-3970 for questions or to arrange for this service.

 

Example: to have a Civil paper served on a resident of Alpha would cost $35 + $18 + $5, for a total of $58. If the paper was unable to be served, then the charge is only $5.