One of the duties of Sheriff’s Offices across the state of North Carolina is serving court documents, which is also known as civil process. The Civil Process Division at the Buncombe County Sheriff’s Office serve documents such as summons, writs of possession, foreclosures, executions, claim and deliveries, subpoenas, restraining orders, child custody orders, show cause orders and child support warrants. Lt. Courtney Mumm is head of our Civil Process Division and supervises a staff of 22. She is assisted by Sgt. James Hammond and Sgt. Shawn Wildes.
Paperwork Needed: 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.
Mailing: Buncombe County Sheriff's Office Attn: Civil Process Division 60 Court Plaza, 4th Floor Asheville, North Carolina 28801
NOTE: Persons must reside within Buncombe County—physical address required; no post office box. NOTE: Please fax all DOMESTIC VIOLENCE PROTECTIVE ORDERS to the Family Justice Center @ 828-250-6929 and follow up with a phone call to 828-250-6900 to confirm receipt. Please fax all CIVIL RESTRAINING ORDERS to Civil Process @ 828-285-8313 and follow up with a phone call to 828-250-4410 to confirm receipt.
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. A 10% 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. All sales are subject to cancellation. Source: North Carolina General Statutes §§ 1-339.68(b), 1-339.47