Elkhart County Sheriff's Department

Civil Process

Civil Process

Delivery of court papers

UPDATE: NEW PROCEDURES BEGINING JULY 1, 2017

The Sheriff's department is required by law to serve legal documents, which may include a summons to appear, a subopena to testify, or an order of sale. More than 150,000 papers are served each year.

Capt. Jim Bradberry currently oversees the division.

Indiana Requests

  • Fee - $28, payable to the Clerk of Elkhart County (effective July 1, 2017, due to change in legislation.)  *
  • If this is for a case being e-filed through the Indiana electronic filing system adopted by the Indiana supreme court, it can be paid to the Clerk with the filing fees (see link to filing fees for all case types:  http://www.elkhartcountyclerk.com/clerk/ ).
  • The Clerk does not accept personal checks.  If the case is being filed by a non-attorney, and is being filed in person, the payment of the Sheriff Service Fee must be in cash, money order payable to the Clerk, or payment can be made by credit card in the Clerk’s Office.
  • Documents to be served must be submitted to the Sheriff’s Department, Attn: Process Division, 26861 C.R. 26, Elkhart, IN 46517)

Information needed to perfect service of documents:

  • Addresses and names of people to be served;
  • The original summons and two copies (the original will be returned, one copy for service, and one copy to be mailed if the papers were posted or left with someone);
  • Any other special instructions.

 

Out of State Requests

  • Fee - $60, made payable to the Clerk of the Circuit Court, in the form of a money order (payment can be by check only if made by an attorney or law firm.)
  • Documents must be submitted to the Clerk of the Circuit Court, 101 N. Main, Goshen, IN 46526, with the $60 fee, in the form of a money order. 
  • The Sheriff will not serve the documents until the Clerk verifies that the service fee of $60 has been paid.

Information needed to perfect service of documents:

  • Addresses and names of people to be served;
  • The original summons and two copies (the original will be returned, one copy for service, and one copy to be mailed if the papers were posted or left with someone);
  • A self-addressed stamped envelope;
  • Any other special instructions.
  • Please note:  If the state of locality where the request is initiated requires a specific return affidavit for signatures, the form must be included with the original request.  If no such form is included, the Elkhart County Sheriff’s Department will use its local form.

If you have any questions regarding the new e-filing rules and requirements, please visit http://www.in.gov/judiciary/4267.htm

 

Please note: If the state of locality where the request is initiated requires a specific return affidavit for signatures, the form must be included with the original request. If no such form is included, the Elkhart County Sheriff's Department will use our local form.