Civil Division
Our civil process duties include:
- Original notices and petitions
- Garnishments
- Orders
- Sheriff sales
- Room and board reimbursements
- Evictions
- Protective orders
- Involuntary commitment of persons with mental illness and/or substance abuse
- Duties related to condemnation of private property
- Execution and return of all writs and other legal processes issued by lawful authority
Civil Fees
Advance fees may be needed prior to service of papers. The chart below may be helpful in determining an estimated advance fee, or you can contact our office at 319-753-8212. Mileage is based on $.58.5/mile.
| Area | One person | Two people | Supoenas |
|---|---|---|---|
| Burlington area (4 miles) | $33.18 | $53.18 | $38.18 |
| West Burlington area (10 miles) | $37.20 | $57.20 | $42.20 |
| Middletown area (20 miles) | $43.90 | $63.90 | $48.90 |
| Danville area (26 miles) | $47.92 | $67.92 | $52.92 |
| Mediapolis area (30 miles) | $50.60 | $70.60 | $55.60 |
| Yarmouth/Augusta area (54 miles) | $66.68 | $86.68 | $71.68 |
- Any paper received by our office that gets recalled before any attempts are made will be charged $10.00, as a return has to be e-filed to the clerk of court.
- Diligent fee is $15.00 plus mileage.
- A required notary fee is $5.00.
This chart is based on one trip to a residence. Mileage may vary depending on the number of trips made to a residence and/or employment. Fees are subject to change without notice.
Please advise this office with a current address and employment. We will only serve at an employment once a home address has been attempted and unable to locate that person there.
Garnishments
Papers required to serve a garnishment:
- 1 Direction/Dictation to the Sheriff for Service
- 1 General Execution
- 2 Notice of Garnishments per defendant
If Certified Mail is necessary, there is a $15.00 fee.
Special Executions
Papers required to process a sheriff sale
- Directions to the Sheriff stating the case name, case number, physical property address and if there is a redemption period or a delay of sale.
- Special Execution
- Copy of Decree
Sheriff Sale Bid Process
Attorney
Your bid must include the address for the tax statement. Please email your bid to Mary at the Des Moines County Sheriff's Office and/or fax to 319-754-6910.
Private Individual
You must have a written letter of credit from a local financial institution up to the amount you wish to bid at the time of the sale. You will not be allowed to bid for more than your letter of credit states. Payment in full is required no later than 1 p.m. the day of the sale in the form of a cashier's check. Please make check payable to the Des Moines County Sheriff's Office.
Eviction Process
A 3-day or 30-day notice must be served upon the tenant. Our department does not serve this notice. This notice must be personally served and signed for by the tenant. If a signature is not obtainable, alternate service must be completed.
Alternate service consists of:
- Posting notice on the front door.
- Send notice by certify mail through the post office (keep receipt of mailing).
- Send notice by regular mail.
- Must wait 7 days from date of mailing before proceeding to the next step.
An affidavit of service must be EDMS filed with the Des Moines County Clerk of Court.
After the service/alternate service of the 3 or 30 day notice the landlord must EDMS file a "Forcible Entry and Detainer" through the Associate Court at the Des Moines County Courthouse. This will set up a court date for both the landlord and the tenant to appear for a hearing. This paper can be served by our office. It must be personally served 3 full days before the hearing date. If it cannot be personally served within those 3 days, alternate service must be completed by the plaintiff. This MUST be completed a full 7 days before the hearing.
Alternate service consists of:
- Posting notice on the front door.
- Send notice by certify mail through the post office (keep receipt of mailing).
- Send notice by regular mail.
- This must be completed a FULL 7 days before the court date.
An affidavit of service must be EDMS filed with the Des Moines County Clerk of Court.
A writ of possession will be issued by the courts if judgment is awarded to the plaintiff. This must be served by our office within 30 days of the order. See below for writ of removal process and other forms.
- Writ of Removal Process
- Affidavit of Alternate Service
- 30 Day Notice to Vacate
- 30 Day Notice to Vacate - Other
- 3 Day Notice of Termination - Clear & Present Danger
- 3 Day Notice - Non Payment of Rent
