The Civil Process Section is assigned to serve court documents issued from Gray County, the various courts through out the State of Kansas and out-of-state district courts. These documents include but are not limed to criminal and civil summons, CINC (Child In Need of Care) papers, garnishments, hearings to appear, income withholding orders, juvenile papers, notice to appears, contempt of court citations, order of replevin, orders to appear and show cause, protection from abuse orders, subpoenas, tax warrants, writs of execution and restitution, etc.
Kansas Sheriffs were required by statute law to serve all court documents at no cost to the plaintiffs. A new law passed in 2004 by HB2293 changed that to allow the Sheriff’s Office to assess a service fee of $15.00 within the State of Kansas. This fee applies to each address served and assists to some degree to offset the costs of service.
This outline is provided by the Gray County Sheriff for general information purposes only and is not intended as legal advise or as a complete statement of the law regarding any Civil or Criminal proceedings. The procedures described in this outline are subject to change at any time dependent upon change in state law and county policies. It is your responsibility to determine and verify all information that you may need or upon which you may rely.
In State Sheriff’s Fee Payment Procedures
Payment by Check/Money Order is due at the time of filing.
- Payment is due by Cash/Check/Money Order payable to the Gray County Sheriff in the
amount of $15.00 per address for service.
- You will need a separate cash/check/money order for each case filed. Please list the case number or name of who to be served on the check/money order.
- Attach the 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.
- Civil process that is exempt from service fees should have the words “Fee Exempt” noted on the top of the Service Request Form.
Out of State Service Fees
Payment by Check/Money Order is due at the time of filing.
- There is a $30.00 service fee per defendant.
- The check/money order is made payable to the Gray County Sheriff. You may use one check/money order per case.
- Attach the check/money order to the top of the court documents. When available, list the case number on the check.
- Court documents to be served should be sent to: Gray County Sheriff, P.O. Box 487, Cimarron, KS 67835.
- Court documents should be accompanied with the following:
- A self-addressed stamped envelope (for the return of service).
- Service instructions explaining your states requirements for service.
- A Return of Service document that is required by the state and county of issuance.
- A cover letter explaining who is to be served, the address(es) for service, any information that will assist in service (place of employment, telephone number, physical descriptions, vehicles, etc.) and contact information of the attorney of person issuing the court document.
In all cases we recommend that an attorney be consulted for the proper procedure.
- NOTICE TO VACATE – Written three (3) day notice to vacate, given to the tenant from the landlord notifying the tenant to leave the premises. Notice must be given at least three (3) days prior to initiation of the lawsuit for rent and possession. KSA (Kansas Statutes Annotated) 61-3803 and 58-2540
- FORCIBLE DETAINER – this is an official court document consisting of a summons and petition. The petition outlines the particulars or facts of the action filed by the landlord (plaintiff) against the tenant (defendant) and will list what the plaintiff is asking the court to do (judgment). This document is filed with the Clerk of the District Court. The Clerk of the District Court will assign a case number and court date. KSA 61-3804 and 61-3805
- TRIAL – The judgment will depend upon what was listed in the Petition. Usually this will be for any back rent (money) and possession of the specific premises.
- WRIT OF RESTITUTION – This is an official court document that directs and orders the Sheriff’s Office to immediately remove the occupants of the specific premises and turn possession of the property to the Plaintiff. Entry may be by whatever means necessary to affect the court order including the use of a locksmith. Cost for entry will be paid by the plaintiff. When filing the Writ of Restitution, a Journal Entry must also be filed. The Journal Entry is a summary of the judgment entered at the trial (court hearing).
- The Sheriff’s Office has fourteen (14) calendar days from the date the Writ of Restitution is received to complete the eviction.
- Prior to the Sheriff executing the Writ of Restitution a notice is delivered to the defendant or posted to the premises stating that the Sheriff’s Office has a court order to evict the defendant. The notice states a specific date that the Sheriff’s Office will affect the court order. This is a courtesy only as a notice is not required by law.
- The Eviction or Writ of Restitution can only be canceled by the courts, the plaintiff, or the plaintiff’s attorney. The defendant cannot cancel the action.
The landlord is responsible to move and store any property that the tenant has abandoned. The landlord should check with their attorney for correct procedures to dispose of this property.
Eviction laws are in Kansas Statutes Annotated Chapter 60 Article 38. Landlord and tenant laws are in Kansas Statutes Annotated Chapter 58 Article 25.
Mortgage Foreclosure Sales ie; Sheriff Sales are held at the request of an attorney representing a client (Lien Holder) who has a financial interest in a particular piece of real property, These sales are held by Orders of the Court and take place on the first floor of the Gray County Courthouse.
Notice of sales are advertised in the local newspapers giving the exact date & times and legal description of the property being sold. The Sheriff’s Office does not have a listing of properties to be sold. Check these publications: Legal Record of Gray County in The Jacksonian. The public is invited to all sales held and anyone may bid. Sales will be awarded to the highest successful bidder. The funds must be paid by the successful bidder at the time of the sale. Funds must be cash or certified funds. No personal checks or money orders accepted. All taxes owed on the property are due at time of sale. There is a 60 to 90 day redemption period where the original owner can redeem the property, meaning, the successful bidder will not receive a deed to or possession of the property during that time, and if redeemed, their money will be returned by the District Court.