Civil Process FAQ
Since the Sheriff's Department cannot give me Legal Advice, how do I get help with my Legal problem?
The Sheriff's Department cannot provide Legal Advice. If you need information regarding the Eviction procedure or other Legal problem, you should contact an Attorney, Local Bar Association, Lawyers referral service, Legal Aid Organization, research the information at the Public Library or you can purchase a reference book from a book store.
Has my Civil paper been served yet? - How soon will my Civil paper be served?
The first attempt for service for most documents takes place within the first 48 hours.
Under what circumstances can I get a Domestic Violence Restraining Order Issued?
Where do I get a Restraining Order?
Commonly issued Restraining Orders prohibit Domestic Violence or Civil harassment. Restraining Orders must be issued by the District Court. Restraining Order forms are available from the District Court located at 855 S. Platinum St., Deming NM 88030.
Once the Court issues the Domestic Violence Restraining Order, the court will provide the Sheriff’s Office with a copy and Central Dispatch with a copy. The Sheriff’s Department will then attempt to serve the restraining order based on the information provided within the order.
For more information, click here.
How can I Evict a Tenant?
Evictions can only occur after a Landlord has received a Judgment from the Court and a Writ of Restitution has been served or posted on the property. The purpose of a Writ of Restitution is to place with the rightful party Restitution of Real Property. Writs of Restitution usually arise as a result of
a Tenant's non-payment of rent or a Breach of the Rental or Lease Agreement.
After the Writ of Restitution has been brought to the Sheriff's Department with the appropriate fee of $40, your Writ will be executed on the date the Judge entered the Eviction date on it.
If you have any information regarding the occupants of these premises related to their mental instability, history of or significant propensity for violence or hostile confrontation with Law Enforcement, please telephone the Luna County Sheriff’s Dept. Process Division.
On the day of the eviction the Owner/Landlord/Property Manager must change the locks at the residence while the Deputy Sheriff stands by for a reasonable amount of time for this purpose.
The landlord must provide access to the property in order to complete the Eviction process. Due to scheduling constraints, some delay may occur in the deputies arrival and the deputies may not necessarily be able to stand by for extended times.
If the Deputies have not arrived yet please stay away from the residence until the Deputies arrive to avoid a confrontation with it’s occupants. Also call the Luna County Sheriff’s Department to let them know you have an Eviction because Deputies could be tied up with another situation.
If the occupants vacate the property prior to the Eviction date or the Owner/Landlord/Property Manager cancels the Writ of Restitution, please call the Luna County Sheriff’s Department at Ph. # (575) 546-2655.
As an Evicted Tenant can the Sheriff's Department grant me access to a property after Eviction?
The Sheriff's Department cannot grant any access to a property after the Eviction has taken place. After the Eviction the Sheriff's Department releases the property to the Landlord. All arrangements to retrieve property must be made between former Tenant and Owner/Landlord/Property Manager.