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Evictions

The Caldwell County Sheriff's Office can assist landlords with the eviction process in cooperation with the clerks at the Caldwell Circuit Clerk's Office.

Steps for Eviction:

  1. Landlord needs to give a 30-day written notice. The sheriff's office can serve this for $70.00. The eviction can be served to the tenant or posted in a conspicuous place, such as a door.
  2. In the circumstance the tenant has not vacated the property or has property left on the premises after the 30 days has expired, the landlord will need to take the next step and file for a FORCIBLE DETAINER COMPLAINT. This process is done through the Caldwell Circuit Clerk's office (270-365-6884). The forcible detainer complaint needs to be filled out and given to the clerk to process. The landlord will then pay a filing fee and be given a court date. The clerk will then send a copy of the complaint with a notice of hearing to the Caldwell County Sheriff's Office for service on the defendant.
  3. On the court date, if the judge grants the eviction, the tenant has 7 days to move themselves and their property out of the residence. *The landlord needs to be present in court on the assigned court date for the eviction to be granted. If the landlord is not present, the case will be dismissed and the landlord will have to re-file the eviction and pay another eviction fee.
  4. If the tenant is still there 7 days after the eviction is granted, the landlord needs to visit the clerk's office to get a WARRANT OF POSSESSION, and then deliver it to the Caldwell County Sheriff's Office to execute. The duty of the Sheriff's Office is to schedule the warrant of possession and keep the peace while the landlord and their crew sets the tenant out.
  5. If the landlord needs to collect rent monies the tenant may owe, they will need to take them to small claims court (AOC-175 form). Another court date will be given at that time. The jurisdictional limit is $2,500.00, exclusive of interest and costs.