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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.
These fees are a combination of the cost for process, service, mileage and return.
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.
Unless some other type of action is specified in the Writ of Restitution, service will be executed as follows:
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.
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 detainer76-1401 through 76-1449 : - Landlord and Tenant Act76-1450 through 76-14,111 : - Mobile Home Landlord and Tenant Act69-2301 through 69-2314 : - Disposition of Personal Property Landlord and Tenant Act
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.
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.
If you are seeking information on how to obtain a protection order, please follow these links to begin the process.
View the Protection Orders page for more information.
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.
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.
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:
Some situations may vary and should be discussed and verified with the Civil Division Sergeant.