Civil Field / Levy Division
The Civil Field/Levy Division's primary objective is to provide professional and efficient services in executing and returning civil process as ordered by the respective courts of Shelby County, Tennessee.
TCA 8-8-201 outlines the duties of the Sheriff. It is interesting to note that thirty (30) of the thirty four (34) subparagraphs in this section are directly related to the service of civil process.
The primary function of Sheriff’s Office personnel assigned to Civil Field/Levy is to properly execute and return civil process and orders of the courts as received by the Sheriff. Process has been defined as: “The means of compelling the defendant in an action to appear in court, or a means whereby a court compels compliance with its demand.” (Black’s Law Dictionary, 1084 5th ED., 1979). In this respect the service of process encompasses the very foundation of the Civil Justice system.
The Civil Division is comprised of Civil Field, Levy, clerical, and supervisory personnel. Civil Field consists of nineteen (19) civilian process servers who execute leading processes. Leading process is any writ or order issued at the start of a legal proceeding compelling the defendant in an action to appear in court. Some examples of leading processes are:
Civil Warrant
- When a debt or obligation is due to the plaintiff, this paper is the beginning instrument of a lawsuit.
Detainer Warrant
- When rented real estate property is wanted by the owner, usually for non-payment of rent, this writ is issued by the court’s clerk to act as a summons for the tenant to appear in court.
Garnishment
- When a judgment has not been satisfied, the salary of the bank account of the defendant is garnished.
The Levy Squad is comprised of a supervisor and eight (8) deputy sheriffs who execute ending processes. An ending process is any writ or order issued at the end of a legal proceeding whereby a court compels compliance with its demand. Some examples of ending processes are:
Execution
- This writ directs the Sheriff to take into his possession, property of the defendant, which ultimately will be sold at public auction to satisfy a judgment. This writ includes personal and real property.
Writ of possession
- Instructs the Sheriff to take property from one person and place it in the custody of another.
Distress Warrant
- Is an execution served by the Levy Squad that covers a variety of taxes owed to the county or the recovery of monies from bad checks written for automobile licenses.
The office clerical staff is comprised of one supervisory secretary and six clerks. Their duties and responsibilities are extremely important to the efficient operation of the Civil Divisions office. The supervisory staff is comprised of one (1) Lieutenant and four (4) Sergeants. They coordinate and supervise the work processes, maintaining morale and discipline. In addition, supervisory personnel prepare, assemble, and review all operational reports. Lastly, supervisory personnel coordinate the preparation of schedules, personnel records, and maintain an inventory of supplies and equipment.
The Civil Division handles approximately 800 documents each day, 400-450 new papers, and 350-400 executed returns. The Civil Field/Levy Division generates a tremendous amount of revenue annually for Shelby County's general fund.
Go to the Frequently Asked Questions for Civil Field/Levy to get answers to important questions you may have about this court divison.
