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1. How much does it cost to get a paper served by the Lancaster County Sheriff’s Office?

All State of Nebraska filings/papers issued to the Sheriff’s Office for service, whether it be from the Courts or an attorney’s office, will have an invoice sent to them after service is completed. 

Papers from the litigants themselves must have a prepaid deposit, either by cash, check, or credit/debit card payment OR a copy of your IFP Order from the court, before service. IFP Orders from other states will not be honored. The deposit is separate from any filing fees paid to the Court Clerk to have a paper issued. Any papers received from the courts where the litigants are requesting service, but have not paid for service through the Lancaster County Sheriff’s Office shall have their papers returned directly to the courts with no service attempted.

Service of process from courts outside of Nebraska is a courtesy this office is pleased to extend, however, it is not mandated by state statute nor can the Lancaster County Sheriff’s Office be bound by another state’s requirements for service. Prepayment is required for out of state papers that will be served within Lincoln and Lancaster County. See below for service fees.

If you are filing papers with another court, please bring the papers to be served with you or mail them with a cover letter that includes a check/money order or contact information so that we can contact you for credit card payment prior to attempting service.

Fees for service inside Lancaster County: 

• Filed in the state of Nebraska / to be served inside city limits of Lincoln - $25.00 

• Filed in the state of Nebraska / to be served outside city limits of Lincoln- $50.00 

• Filed in state other than Nebraska / to be served inside city limits of Lincoln -$35.00 

• Filed in state other than Nebraska / to be served outside city limits of Lincoln -$50.00  

Cash, checks, and credit/debit cards are accepted. There is a 3% charge when paying with a card.  All fees charged to use credit cards are retained by the payment processing company. The county does not retain any portion of the fees.

 

These fees are a combination of the cost for process, service, mileage and return.

2. I want to get someone out of my house/apartment. How do I evict them?

Eviction Policy

One of the most frequently asked 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.

1. 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 this 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 to 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. 
2. Summons of Forcible Entry
   A Summons, a notice of the suit, may be sent to the Sheriff’s Civil Division for service.  The summons contains a time and date for trial and must be returned to the court within 3 days of its issuance. Service of the summons may be personal or residential.   
3.  Writ of Restitution
   If the landlord prevails at trial and is awarded judgement, 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 ten 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.

LSO Writ of Restitution Service - Eviction Procedures

Unless some other type of action is specified in the Writ of Restitution, service will be executed as follows: 

• Deputies 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 the 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. 
• Deputies will serve the defendant’s copy by personal, residential, or posting.  An additional notice from the Sheriff’s Office will be served/posted indicating that the resident(s) have a specific time frame to vacate the property. 
• By Sheriff’s Office policy, three days’ notice is given whenever reasonably possible 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 or on weekends or holidays. 
• At the time of the eviction, the deputy 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. Deputies will not take part in the disposal or removal of personal property unless specifically ordered by the court. 
• Whenever deputies 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. Deputies 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 deputy has no further obligation. 
• If the Writ of Restitution is for a mobile home owned by the defendant, the mobile home may be levied and set for Sheriff’s auction. Keys, if available, for the mobile home will remain with the land owner in the event that emergency entry needs to be made during the time prior to the sale. In the auction sale of mobile homes, a bill of sale issued by the Sheriff only reflects the transfer of the defendant’s interest in the property, and is not an implied or actual title to the property. All auctions take place in the exit vestibule of the Justice and Law Enforcement Center, 575 So. 10th Street, Lincoln, NE 68508.

All services by the Sheriff’s Office require a prepaid cash or credit deposit before service will be attempted.  Deposits for eviction services are:
$  25.00 - Notice to Quit, Summons, or Writ of Restitution within Lincoln city limits
$  50.00 - Notice to Quit, Summons, or Writ of Restitution outside Lincoln city limits and within Lancaster County
$ 150.00 - Writ of Restitution on Mobile Homes Levied for Sheriff’s Sale

*Credit card charges will include a 3% fee. 

Statute Information

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 Tenant Act 

3. I got a letter/phone call informing me that I have a distress warrant. What is it? How can I pay it off?

For any information regarding distress warrants, please visit the distress warrant page. This will inform you of what a distress warrant is. Payment of a distress warrant may be mailed or brought personally to the Lancaster County Sheriff’s Office at 575 S 10th Street. Payment can also be done by phone using a credit card (3% fee). Please call (402) 441-7728 to make a payment with a credit card.

4. What are the upcoming Sheriff’s Sales to be held?

The Lancaster County Sheriff’s Office holds Sheriff Sales on Thursdays at 2 p.m. at the Justice and Law Enforcement Center. All of our sales are posted on our website - Sheriff Sale listings

It should be noted that if you hear or know of a sale to be held at any other time than a Thursday at 2 p.m, it is not a Sheriff Sale and we are unable to assist you in any inquiries regarding them. If you should have inquiries regarding a Sheriff Sale, you may contact the Civil Division at 402-441-7724. All sales may be canceled up to the time of the sale.

5. I was told to seek a protection order. What is it? Where can I go to get one?

If you are seeking information on how to obtain a protection order, please follow these links to begin the process.

• Nebraska Supreme Court website with downloadable forms
• Lancaster County District Court Clerk’s Office: 402-441-7328
• Voices of Hope: 402-476-2110
• Lincoln Police Department Victim Assistance Unit: 402-441-7181

View the Protection Orders page for more information.

6. How long does it take for a paper to actually get served?

Time of service of papers varies. Each paper has statute limits on how long we have to make attempts and how many we must make. The deputy that is assigned to your paper will make as many diligent attempts as necessary in order to achieve service or enough information regarding whether the to-be served party currently resides at the provided address or if they may be avoiding service.

Orange notification cards are left at their residence upon each attempt with the Civil Department phone number and a reference paper number. This gives the to-be served party the opportunity to make arrangements for service for delivery or to pick it up at the Sheriff’s Office. Each paper is considered important and will be treated with respect and diligence. 

7. I understand the steps of an eviction, but I don’t want to use an attorney. How do I file for an eviction by myself?

Unfortunately, the Lancaster County Sheriff’s Office is unable to assist you. We are more than happy to assist you with the process the Sheriff’s Office is involved with and service of the required paperwork, but we are not attorneys and therefore are prohibited from giving legal advice or assistance. It has been suggested that use of the internet or law library may be useful to one that is wishing to proceed with the process without an attorney.

8. I need to get an execution on a person/company. What exactly does that entail? How long does it take? Does it cost more than a regular service?

An execution is a legal judgment handed down from the court. These may follow a civil judgment or a small claims judgment. One must file for the execution in the courts, and pay for its service with our Civil Division. The cost of service of an Execution is equal to that of normal paper service, but an execution may be used for levy on personal property to gain restitution on a monetary judgment. Levy fees are as follows:

• $1,000.00 - Execution deposit for levy on passenger vehicles or pickup trucks
• $2,000.00 - Execution deposit on oversized vehicles
  • This amount covers the cost of towing and storage of the vehicle, as well as its advertisement for Sheriff Sale.
• $125 - Execution deposit for levy on real estate/Orders of Deliveries (depending on property).
  • This amount covers the cost of levy and sale advertisement for sheriff sale.
• $25.00 - Writ of Restitution with no levy 
• $150.00 - Writ of Restitution with levy for sale of mobile home

Some situations may vary and should be discussed and verified with the Civil Division Sergeant.