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Civil Process

The Civil Process Division is commanded by a Civil Process Captain, and is assisted by a Civil Process Lieutenant and two Sergeants. These supervisors have 14 fulltime officers to fulfill the duties of the office. The Civil Process Division serves civil processes issued by the court system. Civil refers to such things as lawsuits, divorces, subpoenas for court, child support, judgments, Small Claims court, etc. Most often the court issues a paper, and civil process deputies serve the paper to the named person(s). The paper often tells the named person(s) a court date or an action that must be taken.

Civil Process Fee Schedule

For your civil process queries, please contact our office Monday - Friday between the hours of 8:00 a.m. and 5 p.m. at (828) 250-4410.

The service fee for In-State process is $30.00 per person.

The service fee for Out of State process is $50.00 per person.

The service fee for Federal Court process is $50.00 per person.

(Procedure for obtaining service on Out of State process.)

Paperwork:

  • Original Summons (including attachments as necessary)
  • Original Return of Service Form
  • One copy for each person being served
  • Letter of instructions or special needs as desired
  • Self Addressed Stamped Envelope for return to the originating Clerk of Superior Court.

Payment:

Cash, Certified Check or Money Order

Payable to:

Buncombe County Sheriff's Office

Mailing:

Buncombe County Sheriff's Office
60 Court Plaza, 4th Floor
Asheville, North Carolina 28801
Attn: Civil Process Division

Notes: Persons must reside within Buncombe County Physical address required; no post office box.

If you need further information or assistance, you may call us at (828) 250-4410.

Auction Sales

Important Information:

All sales are made subject to all liens and encumbrances which become effective prior to the judgment or execution lien under which the sale is being held.

A purchaser can acquire only the interest the judgment debtor possessed in the property when the lien became effective.

The purchaser then becomes responsible to pay the prior liens if he wishes to retain possession and ownership of the property.

The rule of "caveat emptor", or let the buyer beware, applies to ALL purchases of property at execution sales.

All property is sold as is with NO warranty.

Any real property sold under execution remains subject to all liens which became effective prior to the lien of the judgment pursuant to which the sale is held, in the same manner and to the same extent as if no such sale had been held.

The Sheriff encourages all prospective bidders to research real property at the Register of Deeds Office. (Visit Register of Deeds)

A 10% (ten percent) cash deposit is due at the time of sale, for ALL real property sales.

Real property sales are subject to a ten (10) day upset bid waiting period.

Every sale shall be made for cash.

From North Carolina General Statutes:
1-339.68(b), 1-339.47

All sales are subject to cancellation.