Physical Capias / Arrest Capias

The Norfolk County Sheriff’s Office Civil Process Division is responsible for delivering process and papers. The civil process division is also accountable for enforcing the decisions of the court. When the court has ruled in favor of the plaintiff against a debtor, but the defendant still does not pay what they owe, there are a number of things a plaintiff can do to claim the money they are owed. In addition to evictions and levies on personal property, the Norfolk County Sheriff’s Office enforces capias. Capias are issued through the court and demand that the defendant come to court in order to settle the debts that they owe the plaintiff.

Within five days of our office receiving a capias from an attorney, the deputy sheriff will mail a contempt of court notice, specifying the court, the hearing date, and the jacket number for the particular case. Within five days of this initial mailing, the first attempt at telephone contact will be made. The deputy will contact the defendant by telephone or leave a message communicating the nature of the complaint and the importance of showing up to the hearing.

If the defendant fails to show up at the first hearing, a new hearing date will be set. A second mailing will be issued, restating the nature of the case, the hearing date, the court and the importance of their appearance. A second phone call will also be placed.

If the defendant fails once again to show up at their hearing, a third and final notice will be issued and mailed. They will be informed that it is the third contempt of court notice issued. The deputy will phone a final time, and make an attempt visit the premise if possible, in an attempt to get the defendant into court. If these three mailings and phone calls should fail, the plaintiff has the option of filing a capias for physical arrest. For a ProSe, this fee is 500.00, for an attorney it is 300.00.