Civil Process

The Wagoner County Sheriff's Office Civil Process Division carries out the Sheriff's statutory responsibility for the service of process and execution of writs. These judicial process documents originate from the courts, governmental agencies, and private attorneys in the State of Oklahoma and throughout the United States and include:

• Subpoenas
• Summonses
• Protective Orders
• Tax Warrants
• Replevin Orders
• Evictions

Questions regarding civil process orders may be directed to the Wagoner County Sheriff's Office by calling 918-485-3124 between the hours of 8:00 am - 4:30 pm, Monday - Friday.

What is a Writ of Assistance?

Throughout the year the Wagoner County Sheriff’s Office receives many phone calls about what an individual can do to get a Deputy to assist them with a civil dispute. This is why Wagoner County Sheriff Chris Elliott wants to share some information with you to simplify the process. One of the requirements for a deputy assist with a civil dispute includes a Writ of Assistance.

In Oklahoma, a writ of assistance is a court order that directs a sheriff to assist with enforcing a previous court order, often in the context of property disputes, child custody, or evictions. It essentially authorizes law enforcement to help transfer possession of real property from one party to another, as specified in a judgment.

When is a Writ of Assistance Used?

• Evictions: When a landlord wins a judgment for possession of a property in an eviction case, they may seek a writ of assistance to have the sheriff remove the tenant and their belongings, returning possession to the landlord.
• Forcible Entry and Detainer: This writ is used in cases where someone has unlawfully taken possession of property, and the rightful owner seeks to regain control.
• Foreclosure: After a foreclosure judgment, a writ of assistance can be issued to ensure the new owner gains possession of the property.
• Other Disputes: It can also be used in other situations where a court order directs a party to convey or deliver property, and they fail to comply.

Steps to file a Writ of Assistance in Wagoner County:

1. Obtain the Necessary Court Order: You must first have a valid court order or judgment granting you possession of property or custody of a child, depending on the context of your case.
2. File an Application for the Writ: You will need to file a new document with the Wagoner County Court Clerk’s Office asking for the assistance of the Wagoner County Sheriff’s Office in enforcing the court order.
3. Complete Court Form: Provide the completed form to the Wagoner County Court Clerk detailing the specific method of restitution (removal of persons, removal of persons and property to the curb, etc.).
4. Pay Applicable Fees: Be prepared to pay a filing fee with the Wagoner County Court Clerk and a fee to the Wagoner County Sheriff’s Office for executing the writ.
5. Present the Application and Proposed Order to the Judge: After filing the application and instructions, present them to a judge for approval and signature. If the judge finds the motion meritorious, they will issue the writ, directing the sheriff to assist in transferring possession.
6. File the Writ with the Court Clerk: Upon the Judge approving the Writ, you need to file the paperwork with the Wagoner County Court Clerk before having it served by a Deputy.
7. Deliver the Writ to the Sheriff: Once the judge approves and signs the Writ, deliver it to the Wagoner County Court Clerk to file. Once you file the paperwork with the Court Clerk you will then proceed to the Sheriff’s Office to drop the paperwork off.
8. Sheriff Executes the Writ: The sheriff or designee will proceed to the property (within 72 hours in eviction cases) to ensure the tenant has vacated or facilitate the child's transfer if involving a juvenile child.

Important Considerations:

• Consult with an attorney: It is strongly recommended to seek legal advice and assistance when filing a Writ of Assistance as the process can be complex.
• Accuracy of information: Ensure all information provided in the Execution Instruction Form is accurate and complete, as this will be considered a representation to the court.
• Notice for evictions: In eviction cases, the deputy sheriff will post up to a 72-hour lockout notice on the property before removing the tenant.
• Emergency custody cases: The writ can be used to ensure the transfer of a child to the person with custody in cases of immediate danger, abuse, neglect, or unlawful withholding of the child.

The information provided here is for general guidance only and should not be considered legal advice. Specific procedures may vary depending on the circumstances of your case and local court regulations. Always consult with an attorney to ensure compliance with all applicable laws and procedures in your specific situation.