The officers of the Sheriff’s Office have law enforcement authority throughout Cuming County, including its cities, villages, and townships. The Sheriff’s Office maintains strong partnerships with surrounding agencies including the Bancroft Police Department, Beemer Police Department, Wisner Police Department, West Point Police Department, III Corps Drug Task Force, Nebraska State Patrol, and Game and Parks Commission. These partnerships enable the Sheriff’s Office to provide a higher level of service while maximizing available resources.
All civil papers issued to the Sheriff’s Office for service, whether it be from the Courts, an attorney’s office or from the litigants themselves, must have a prepaid deposit before service. The deposit is separate from any filing fees paid to the Court Clerk to have a paper issued. When filing papers with another court, these papers should be delivered or mailed to the Sheriff’s office along with a cover letter that includes the phone number and mailing address of the individual or business requesting service and a check to cover the deposit for service. Service will be attempted and then an invoice will be sent to the appropriate offices.
Advance fees for service for Cuming County:
General paper service: $50.00
These fees are a combination of the cost for process, service, maintenance, mileage and return. If the costs for service are more than the advance fees paid, then an invoice will be sent out for the remaining costs.
One of the most frequently asked questions about civil procedures is the eviction process. The information contained on this page is for informational use only. For detailed information or legal advice, please contact an attorney or research the references provided at the end of this article.
Legal eviction in Nebraska must be accomplished through a civil court lawsuit of forcible entry and detainer filed by the plaintiff/landlord versus the tenant that is to be evicted. The Sheriff’s Office role in the lawsuit is through the service of three different types of civil process generated by the procedure. Services the Sheriff’s Office provides in the eviction process are listed below in their respective order.
NOTICE TO QUIT
The first step is for a plaintiff/landlord to provide a written notice demanding the tenants vacate the property. The plaintiff will prepare a document referred to as a “notice to quit” and may choose to have the Sheriff’s Office serve the writ. There are no statutes that dictate a particular type of service or return day for a notice to quit. The Sheriff’s Office policy is to attempt service as soon as practical, and service can be either personal, residential or may be accomplished by posting the notice on the door of the residence. The Sheriff’s Office does not provide forms for these notices, nor give advice as their content. The notice to quit is NOT a court document and does not order removal of the occupants. It is simply a notice for the tenant to vacate the property by a specific date or the case will be taken to the court for eviction. After the service of a notice to quit, should the tenant fail to move, the plaintiff must then commence suit in a court with jurisdiction in order to proceed.
SUMMONS OF FORCIBLE ENTRY
A Summons, a notice of the suit, may be sent to the Sheriff’s Office for service. The summons contains a time and a date for trial and must be returned to the court within 3 days of issuance. Service of the summons may be personal or residential.
WRIT OF RESTITUTION
If the landlord prevails at trial and is awarded judgment, a Writ of Restitution may be issued. The Writ of Restitution orders the Sheriff to remove the defendant and restore the premises to the plaintiff in the procedure described below. A Writ of Restitution must be executed and returned to court within 10 days of issuance. Because of this relatively narrow window, it will be executed without delay. To expedite the process, the plaintiff should provide a contact name and phone number for their representative.
Unless some other type of action is specified in the Writ of Restitution, service will be executed as follows.
Sheriff’s Officers will contact the plaintiff, plaintiff’s attorney, or authorized agent to set up a time/date for restoring the premises to the plaintiff. The Sheriff’s Office requires the plaintiff or their authorized agent to take possession of the premises at the time of eviction. Should the plaintiff choose to change the locks on the residence, the Sheriff’s Office is not obligated to stand by while the residence is being secured.
Officers will serve the defendant’s copy by personal, residential, or posting. It is the Sheriff’s Office policy to try and give 3 days notice whenever reasonable to allow the defendant time to voluntarily vacate the premises and remove their personal property. This time frame also aids the plaintiff from having to dispose of property under the Disposition of Personal Property Landlord and Tenant Act. Generally, the Sheriff’s Office will not execute Writs of Restitution at night.
At the time of eviction, the Officer will arrive at the location and remove any occupants from the premises. If necessary, Occupants will be advised of trespassing violations they could be subject to if they return. Tenants with personal property remaining in the residence must contact the plaintiff to arrange for removal. Provisions for such are set out in the Disposition of Personal Property Landlord and Tenant Act. Officers will not take part in the disposal or removal of personal property unless specifically ordered by the court.
Whenever Officers have removed occupants from a premise, they shall supply the occupant with a short period of time to obtain vital personal effects, or obtain such effects for the occupant. Officers will take action to protect the person removed, if necessary, due to age, infirmity, mental or emotional condition, illness or disability as provided by law.
If the premises involved are rental properties such as a house or an apartment, and the premises have been turned over to the plaintiff, the Officer has no further obligation.
Following is a list of statutes that are applicable to these proceedings. They are in no way all-inclusive to this subject and are not to be construed as legal advice. Nebraska Statutes are available at the Nebraska Law Library or online at Nebraska Legislature.
25-21,219 through 25-21.235
Forcible Entry and Detainer
76-1401 through 76-1449
Landlord and Tenant Act
76-1450 through 76-14,111
Mobile Home Landlord and Tenant Act
69-2301 through 69-2314
Disposition of Personal Property Landlord and Tennant Act
Every November the Sheriff’s Office receives distress warrant information from the Cuming County Treasurer’s Office. Distress warrants notify the Sheriff’s Office of individuals and businesses within Cuming County who have delinquent personal property taxes. The Sheriff’s Office is mandated by state statute to attempt to collect those unpaid taxes.
After receiving the distress warrants, the Sheriff’s Office sends written notices to those named on the warrants in an attempt to obtain voluntary compliance. If direct payment is not obtained, an Officer is assigned to demand payment. The Officer can also seize and sell personal property of the individual or business to satisfy the delinquent taxes.
The Cuming County Sheriff’s Office has the responsibility of serving certain court documents that pertain to domestic situations. Among these are Child Custody Orders, Harassment Protection Orders, Domestic Abuse Protection Orders, and Show Cause Protection Orders. Serving these domestic-related papers is a priority for the Sheriff’s Office, and every attempt to accomplish service in the most prompt and efficient way possible is made.
CHILD CUSTODY ORDERS
Orders for Temporary Child Custody are issued from the District Court. This orders a party in an action be granted physical custody of a minor child or children. It demands that the party being served the order relinquish custody to the petitioning party. The Sheriff’s Office will serve these orders, but unless the judge issuing the order specifically directs the Sheriff’s Office to facilitate the return of the child/children, the Officers will not become involved in the transfer of custody, nor will they stand by while the transfer takes place. Requests by the petitioner to accompany Officers in the service of these orders are not granted unless certain exigent circumstances exist. Past experience has shown that the presence of the petitioner during service can escalate the potential for danger.
There are 3 types of Protection Orders; Harassment Protection Orders, Domestic Abuse Protection Orders, and Sexual Assault Orders. Each have different requirements for issuance and are granted upon a judge’s acceptance of the merits of the petitioner’s application. Penalties for violation of either type of Protection Order are similar. If the application is unclear, or raises questions as to its merit, the judge will issue a Protection Order to Show Cause which sets a hearing before the judge to decide whether or not to issue a Protection Order.
HARASSMENT PROTECTION ORDERS
Harassment Protection Orders may be granted against any person harassing the petitioner that has engaged in a “willful course of conduct” which has frightened the petitioner. Behaviors can include repeated telephone calls, stalking, and detention.
DOMESTIC ABUSE PROTECTION ORDERS
Domestic Abuse Protection Orders may be granted against a spouse, former spouse, a current or former roommate, a person the petitioner has had a child with, the petitioner’s child, or a relative. A petitioner must be able to show that this person has been physically violent or has threatened physical violence against the petitioner and caused her/him to fear physical harm by them. Under certain circumstances, temporary child custody may be addressed as part of the order.
SEXUAL ABUSE PROTECTION ORDERS
Sexual Assault Protection Orders may be granted against any person who as sexually assaulted the petitioner.
PROTECTION ORDER TO SHOW CAUSE
Protection Order to Show Cause directs the responding party to appear in court to “show cause” why a protection order should not be issued against him/her. Failure to do so will result in the issuance of a Protection Order. Show cause orders can be issued in both harassment and domestic abuse orders.
WHERE TO OBTAIN A PROTECTION ORDER
The Sheriff’s Office does not carry the forms necessary to obtain a Protection Order. However, they are available at the Cuming County District Court Clerk’s Office. The Sheriff’s Office requires certain information to effect service of a Protection Order. If the information is not provided, the chances of service are greatly reduced. Service is necessary on any ex parte order of protection before it can take effect. All information should be provided in the protection order application; the application should be complete and accurate. The Bridge (888-721-4340) will assist with filling out a Domestic Violence or Sexual Assault Protection Order. If any new information is obtained, the Sheriff’s Office must be notified (402-372-6019) in order to update the record. If a photograph of the respondent is available, this may assist the Officer in identifying the party to be served.
VACATING THE ORDER
A petitioner no longer desiring the Protection Order to remain in effect, must petition the District or County Judge to withdraw it. The Sheriff’s Office cannot stop service attempts or return the order without hearing from the court that the Order has been vacated.
The requirements for application for a firearms purchase permit are as follows.
- Be 21 years of age.
- Be a US citizen or US permanent resident. (If US permanent resident, you must provide US permanent residence card).
- Be a resident of Cuming County
- Have a valid Nebraska Drivers License or Nebraska State I.D. Card that has a CURRENT Cuming County address. US Citizens not born in the United States will be required to produce a valid passport or citizenship papers.
Individuals meeting the above requirements can make an application for a certificate.
There is a $5.00 cash fee due when application is made and a criminal history check will be performed. If the certificate is issued, it is valid statewide for 3 years from the date of issue.
Applications for a firearms purchase will be taken between the hours of 8:30 A.M. and 4:00 P.M. Monday through Friday ONLY. Applications will NOT be accepted on Saturdays, Sundays or Holidays.
The 1983 Session of the Nebraska Legislature passed L.B. 234, establishing a vehicle identification number or VIN inspection prior to the titling of an out-of-state vehicle in Nebraska. The statute empowered the Sheriff of each county to conduct vehicle title inspections.
The inspection shall consist of inspection of the VIN plate, manufacturer’s federal sticker, odometer reading and other pertinent documentation. If the title is being held by a lien holder or leasing company, owner will not to contact the designated County official in his/her county of residence to request the title from the lien holder or leasing company.
There is a $10.00 cash fee for the inspection.
Title inspections will be conducted between the hours of 8:30 A.M. and 4:00 P.M. Monday through Friday ONLY. Title inspections are NOT available on Saturdays, Sundays or Holidays.