SURRENDER vs PHYSICAL

Capias Surrender

SCCO strongly recommends a surrender process initially.  Economically this is most beneficial for all parties involved.  There is less up-front cost for the Plaintiff, and subsequently for the Defendant, as these costs are usually requested to be added to the Defendant’s judgment total as an expense to enforce.  This also allows the Defendant one last opportunity to address the matter amicably, without the need of Physical Apprehension.

Within 48 hours of SCCO receiving the Capias we will complete a Due Diligence Search of the Defendant.  We will ensure current address then send initial mailing to the Defendant.  Mailing will include docket number, court house and means to arrange for surrender.  If there is no response within 7 days SCCO will mail a Final Notice to the Defendant.  If there is no response on a secondary mailing, then contact by phone or physical service would be completed at Defendant(s) Last & Usual Place of Abode, in an attempt to validate location as well as physically serve Defendant.

When the Defendant responds to one of the steps above, SCCO will contact the Plaintiff to inform them of the scheduled surrender date.  Both the Plaintiff and the Defendant must appear.  Our Constable will remain with you and the Defendant until (1) released by Court; or (2) resolution of case being heard.  The cost of the surrender is the responsibility of the Plaintiff, and any reimbursement request needs to be conveyed to the judge by the Plaintiff/Attorney.
 

Capias Physical Apprehension

If a Defendant fails to comply with the surrender attempt then the only alternative of enforcement is the Physical Apprehension of the Defendant.  The Physical Apprehension is more expensive as it entails more man power and hours to complete.

Within 48 hours of SCCO receiving the Capias we will complete a Due Diligence Search of the Defendant. We will locate the defendant, ensure current address, as well as possible alternative addresses for the Defendant. We then coordinate a date and time with the Plaintiff/Attorney on the intended apprehension and delivery to the appropriate court.  SCCO will always work closely with the Plaintiff/Attorney on scheduling as well as to NOT exceed the retainer amount without express approval of the Plaintiff/Attorney.

Once the Defendant is apprehended he/she will be transported to the respective court house.  Our Constable(s) will remain with you and the Defendant until (1) released by the Court; or (2) resolution of case being heard.  The cost of the Physical Apprehension is the responsibility of the Plaintiff, and any reimbursement request needs to be conveyed to the judge by the Plaintiff/Attorney.

Request Capias/Warrant Service