Capias Services

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.

Capias Arrest Form

If you wish to initiate an arrest on a capias, we require a $300 retainer. Our deputies work at a rate of $40 per hour.  The original Capias is required by the Office to initiate a physical arrest.  Please mail the Capias and the pre-payment to:

Norfolk County Sheriff's Office
Civil Process Division
PO BOX 859215
Braintree, MA 02185

The retainer payment must be made by Attorney check or money order.  We do not accept personal checks or cash.

We locate the defendant, conduct a background check, and coordinate a date and time with the Attorney/Plaintiff to arrange apprehension and delivery to the appropriate court.

We work closely with the Attorney/Plaintiff and do NOT exceed the $300 retainer without your express approval.  The majority of capias arrests do not exceed the retainer.  The more information that you can provide us makes for a more efficient and less costly apprehension. To facilitate the arrest process, please fill out the following form.

We do not require the following information, but any of it that you can provide is helpful and appreciated.

Attorney/Plaintiff Information

Your Company:
Your Name:
Phone:
E-Mail:

Defendant Information

First Name:
Last Name:
M.I.
Date of Birth:
Social Security#:
Height:
Gender:
Race:
Hair:
Eye Color:
Street Address:
City:
State:
Zip:
Phone:
Amount of Judgment:

Defendant's Place of Employment

Company:
Address:
City:
State:
Zip:
Phone:

Defendant's Automobile

Make:
Model:
Year:
Plate:

Defendant's Photo

Please upload a photo if available:

Additional Comments

Other Information that would be of help to us: