826 N. Franklin St., Junction City, KS 66441

Civil Process

 

 

 

 

Civil Process Procedures

The Civil Process Division is located at 826 North Franklin Street, Junction City, KS 66441. The hours of operation are Monday-Friday 8:00 a.m. to 4:30 p.m. There is a service fee associated with some of the services of civil process which are listed below. The Sheriff’s Office DOES NOT accept civil process by fax machine or email as of July 19, 2021.  ALL original documents needing to be served must be sent via United States Postal Service.

NOTE: The Geary County Sheriff’s Office does NOT serve court documents filed in Federal Court.

Per 2004 HB 2293, there is a service fee for serving civil process within the State of Kansas. This fee applies to each address served.

Lady Justice

In-State

In-State Civil Process Office Fee Payment Procedures:

Payment by Cashier’s Check/Money Order is due at the time of filing.

Make the Cashier’s Check/Money Order payable to the Geary County Sheriff’s Office in the amount of $15.00 per service address. (No Personal Checks accepted)

  • If you have multiple service addresses on one case, you should include all service fees on one Cashier’s Check/Money Order.
  • You will need a separate Cashier’s Check/Money Order for each case filed. List the case number on the Cashier’s Check/Money Order.
  • Attach the Cashier’s Check/Money Order to the top of the Court Filing. The Clerk of the District Court will forward your payment to the Sheriff’s Office with the papers to be served. Please Note: Our Judicial Court has advanced to the E-Filing. They do accept some cases by filing in person at the Court House. For further details please contact the 8th Judicial Court at (785) 762-5221 or you can visit their web site at https://www.8thjd.com.

Civil Process that is exempt from service fees will have the words “Fee Exempt” noted on the top of the Service Request Form. Note: Payment by cash is discouraged but will be accepted.

In-State Service Fee Exceptions/Exemptions:

  • Protection from Abuse/Stalking Orders
  • Tax Warrants filed after July 1, 2004
  • Service for Process by Government agencies – City, County, or State
  • Indigent persons that have filed an indigent affidavit with the court (A copy of the affidavit needs to be attached to the court document(s))
  • Post-decree divorce motions (legal custody, residency, visitation rights or parenting time or modification of child support) i.e. Department for Children and Families
  • All papers, orders, etc. related to criminal cases
  • Actions under the Probate Code, which include:
  • Certified Probate Proceeding/Probate of an Estate or Will (Determination of descent of property)
  • Termination of life estate
  • Adoption
  • Filing a Will and Affidavit
  • Guardianship
  • Conservatorship
  • Trusteeship
  • Juvenile Cases

All other exemptions will be considered on a case-by-case basis

Out-Of-State

Out-of-State Civil Process Fee Payment Procedures:

  • There is a $30.00 service fee, per service address, associated with the same court case filed that is needing to be served. If you have multiple cases filed, on a defendant, it is $30.00 per case filed.
  • The Cashier’s Check/Money Order is made payable to the Geary County Sheriff.
  • Attach the Cashier’s Check/Money Order to the top of the court documents. When available, list the case number on the Cashier’s Check/Money Order.
Out-of-State Civil Process Fee Exceptions/Exemptions:

  • Protection from Abuse and Protection from Stalking Orders that meet the requirements of the Violence Against Women’s Act 18 U.S.C. 2265
  • Court Documents file by Government Agencies – City, County, and State

All other exemptions will be considered on a case-by-case basis

What you need to know:

Court documents must be accompanied by the following:

  • A cover letter explaining who is to be served; the manor of service (personal, residential, tacking, etc.); the address(es) for service, any information that will assist in service (place of employment, telephone number, physical descriptions, etc.); and contact information of the attorney of person issuing the court document. Service address(es) must be a physical address (NO P.O. Boxes will be attempted for service.)
  • Service copy to be served to the defendant
  • Affidavit of service (You must provide your own as we do not have service returns with your court case filed listed on return of service at our agency. Any papers received for service that are not accompanied with an Affidavit will have a generic return of service attached with it.)
  • Original or copy to be sent back with the Affidavit of Service
  • A self-addressed stamped envelope (For the return of service.)

Please note: Kansas does NOT require Notarization on the Affidavit of Service. If your State requires a notary, YOU MUST ADVISE

Eviction Notices

The Geary County Sheriff’s Office also serves Eviction Notices. There is a $10.00 service fee associated with the service of such document. The following is what you will need;

  • Two copies; One to be served, and the other will be returned to you with a return of service attached
  • Name, printed please, and address of person to be served
  • Reason for eviction (Such as non-payment of rent)
  • Landlord’s name and address so that the return of service can be mailed to you (Please print your name so we know to whom we are mailing to)

There is no form for eviction notices, so you will need to provide your own document for service. Visit the Kansas Judicial Council website and you will find a form that they have provided free to the public.The link has been provided below. http://www.kansasjudicialcouncil.org/legal-forms/civil-actions/chapter-61/evictions/notice-vacate-nonpayment-rent. The fee can be paid at the Sheriff’s Office at the front window with the clerk. They will accept cash at the window and give you a receipt.

Below are the links for the laws regarding Eviction in Kansas contained in the Kansas Landlord and Tenant Act. If you are a landlord or tenant in Kansas, it is a good idea to familiarize yourself with this law.

Tenant Handbook:

https://www.kansaslegalservices.org/files/THB.pdf

Landlord Handbook:

http://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/Kansas%20Landlords%20Handbook%20%282007%29.pdf

Court documents to be served should be sent to:

Geary County Sheriff’s Office

ATTN: Civil Process

826 North Franklin Street

Junction City, KS 66441