CIVIL DEPARTMENT DUTIES AND RESPONSIBILITIES
Civil Department is responsible for serving criminal and non-criminal papers in Cameron Parish.
This includes serving citations, summons, subpoenas, notices, garnishments, and other process, and shall execute writs, mandates, orders, and judgments directed to the Sheriff by the District courts, Courts of Appeal, and the Supreme Court.
Upon the execution of a writ of attachment, sequestration, fieri facias or seizure and sale under executory process, the Sheriff is directed by the court to seize the subject property. These seizures may lead to the public auction (Sheriff’s Sale) of the seized property.
In addition to the duties of Civil Department, is providing Bailiff’s and courtroom security for 38Th Judicial District Court.
Bailiff/ A Court Bailiff plays multiple roles in a courtroom. Court Bailiffs are law enforcement officers that are present to maintain order and provide security. The court Bailiff is responsible for opening and closing court, calling cases, calling witnesses, and so on. Also at times the bailiff is responsible for serving eviction orders, civil lawsuits, garnishments, or asset seizures.
Frequently Asked Questions:
Why is Civil action taken?
Ownership of property, either real estate or movables, can be jeopardized by a money judgment or by a delinquent payment on a loan. When the interests of a borrow and/or other defendants in a property are foreclosed, the property is sold to satisfy the debt at a sale called a public auction (Sheriff Sale)
What is Real Estate?
It is land with its improvements and the right to own and use it.
Where are the Sheriff’s Sales held?
In the lobby of the Cameron Courthouse located at 119 Smith’s Circle, Cameron.
When are the Sheriff’s Sales?
Every Wednesday at 10:00 am. Each property and its auction date is advertised in the Cameron Pilot, the official parish journal.
What are the usual costs of real estate foreclosures?
Advertising, appraisals, mortgage certificates, curators’ fees, deeds, and three percent sales commission on the sale price to the Sheriff’s Office. These costs and fees are not paid by a successful bidder. A successful bidder pays only the amount of his or her bid.
Can I enter the property before I bid?
No access is allowed prior to the auction. The sale is not officially completed until the entire purchase price is paid in full. Therefore it is only then that access to the property is legally permissible. All property is sold “AS IS” and the deeds are not warranted.
What type of payment is required at Sheriff’s Sale?
Upon successfully bidding on the property, the successful bidder must provide the Sheriff with the full purchase price paid with Cash, Money Order, or Certified Check. ( No personal checks accepted) plus their name, address, phone number, by 4 pm of the day of the sale. Failure to meet this deadline may result in the property being reset for a second auction. Should the second auction result in a lesser sales price, the first bidder may be responsible for the difference in the two amounts.
What does it mean when a property is sold with appraisal?
Under the law, both the plaintiff and the defendant have the right to appoint an appraiser to value the property which is being foreclosed upon if that right was not previously waived by the defendant. If the parties do not appoint an appraiser, the appoints the appraisers. THE SHERIFF OFFICE DOES NOT GUARANTEE OR WARRANT THE CONDITION OR THE TITLE TO PROPERTY AUCTIONED.
What are movables?
Anything that is not real estate is considered a movable or chattel property. Examples are but not limited to automobiles, boats, furniture, jewelry, equipment, business inventories etc…..
What is the minimum bid?
There are two categories for the minimum opening bid:
- When the sale is with appraisal the bid must open at two thirds of the average of the plaintiff’s appraisal and the defendant’s appraisal. If there is a difference between the appraisals of 10 percent or more, a third appraisal or Sheriff’s appraisal is used in lieu of the average. If two thirds of the appraisal results in an opening bid insufficient to cover the costs and commission, then the opening bid will be raised to reflect those expenses. This amount must also be an amount sufficient to satisfy any superior claims.
- When the sale is “without” appraisal, the bid must cover any superior claims plus the cost and commission.
What are the usual costs of movable foreclosures?
Advertising, appraisals, chattel mortgage certificate, towing and storage, and any superior liens. The Sheriff’s Commission is six percent of either sales price or the amount collected by the creditor if the sale is stopped.
Can I operate the Movable before I bid?
No vehicle may be started prior to the auction. Each is sold “AS IS” and all sales are final with no exchanges or refunds. Prospective bidders may check the mileage and inspect condition of movable.
Civil Deputy Clerk/Sex Offender Coordinator
Dy Walter Soileau
Process Server/ Bailiff / Misdemeanor Probation