Below we list the answers to some frequent questions we are asked about our services.
- 1. How do I have civil process papers served?
Time of service of papers varies. The Deputy assigned to your paper will make as many diligent attempts as necessary in order to achieve service or enough information regarding whether the to-be served party currently resides at the provided address or if they may be avoiding service. A “notice” is left upon the first attempt with the Red Willow County Sheriff’s Office phone number and a reference to type of service attempted. This gives the to-be served party the opportunity to make arrangements for service for delivery or to pick it up at the Sheriff’s Office.
To facilitate and expedite service, it is important you furnish the most up to date information such as last known residence, place of employment, complete defendant personal information including middle initial, date of birth, social security number, last known address, vehicle descriptions and license numbers.
For the safety of the deputy and others, it is very important to state on your praecipe if a defendant has a history of violence, mental instability or communicable or infectious diseases.
All papers issued to the Sheriff’s Office for service, whether it be from the Courts, the attorneys, or the litigants themselves, must have a prepaid deposit. There are no exceptions to this requirement. This deposit is separate from any filing fees paid to the Court Clerk to have a paper issued so it will be necessary to either come directly to the Sheriff’s Office to leave the deposit, attach with papers being issued from court, or an Attorney Account is also available for those whom have many papers going through for service. Any paper received where fees are not obtained prior to service, will be returned directly to the Courts, with no service attempted.
All listed costs are minimal and are increased according to number of people required to be served, number of different locations attempts are made at, and the total mileage.
Minimum fees are:
• To be served inside city limits of McCook – $20.85
• To be served outside city limits of McCook – $18.00 plus 57¢ a mile
• Fees must be provided for each writ/person served.
Types of Service
Residential Service – allows anyone of suitable age, living at the same address as the defendant, to be served.
Personal Service – requires the Deputy to deliver the paper personally to the person named on the paper.
Constructive Service – If you have trouble locating an avoiding or difficult defendant, you have the option of filing a motion for substitute or constructive service under State Statute §25-517.02. This Statute states; Upon motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be made
(1) by leaving the process at the defendant’s usual place of residence and mailing a copy by first-class mail to the defendant’s last-known address,
(2) by publication, or
(3) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard.
If you know that a defendant is going to be difficult to serve or has a history of avoiding service, please provide us with as much information as possible. Additional information increases the likelihood of successful service.
- 2. How do I get a title (VIN) inspection done?
The Red Willow County Sheriff's Office performs inspections at the Sheriff's Office which is conveniently located at 516 Norris Avenue, next the the Red Willow County Court House.
The inspection, which takes about 15 minutes, consists of an inspection of the VIN plate, manufacturer’s federal sticker, odometer reading, and the title itself with supporting documentation (Nebraska sales tax form, power of attorney, bill of sale, estate papers, affidavits of repossession, etc.). Salvage vehicles must be completely repaired. The inspections for the general public are completed at the Vehicle Inspection office. For an inspection you must bring the vehicle, the title, and the $10.00 fee (cash or check from a local bank) to the Vehicle Inspection office. Persons having a lien or lease on their vehicle must contact their clerk/treasurer. They must obtain the title from the leinholder or financial institution. The clerk/treasurer will then make a notarized copy for inspection purposes.
Hours: The Sheriff's Office is open Monday-Friday and inspections are done 8:00 am to 4:00 pm. We are closed on all federal holidays. Offsite inspections are available by appointment. These appointments may be arranged by calling (308)345-1850.
To see more information about inspections, please see our Out of State Vehicle Inspection page.
- 3. How do I call in about turning in a wanted person?
Any law enforcement officer can arrest a person with a warrant for their arrest.
If you have any information to the whereabouts of anyone who has a warrant out for their arrest, please contact one of the following agencies:
- Sheriff's Department Warrant Division: (308)345-1850
- Your local law enforcement agency: (308)345-3450
- McCook Area Crime Stoppers: (308)345-5440
Submit a tip by email at crimestoppers.swnebr.com or through our contact page.
All warrants must be verified with the Red Willow County Sheriff's Department before any apprehension can be made.
DO NOT attempt to arrest or detain anyone with a warrant out for their arrest as some may be armed and dangerous.
- 4. How do I find a sex offender that may be in my neighborhood?
Sex Offender Registry
Click Here to Search the Sex Offender Registry
Nebraska State Statute 29-4002 declares that sex offenders present a high risk to commit repeat offenses and that efforts of law enforcement agencies to protect their communities, conduct investigations, and quickly apprehend sex offenders are impaired by the lack of available information about individuals who have pleaded guilty to or have been found guilty of sex offenses and who live in their jurisdiction. Because of that, the legislature determined that state policy should assist efforts of local law enforcement agencies to protect their communities by requiring sex offenders to register with local law enforcement agencies as provided by the Sex Offender Registration Act.
This information is to be used to provide public notice and information about a registrant so a community can develop constructive plans to prepare themselves and their family. Sex Offenders have “always” been in our communities. The notification process will remove their ability to act secretly.
Sex offender registry information shall not be used to retaliate against the registrants, their families, or their employers in any way. Vandalism, verbal or written threats of harm are illegal and will result in arrest and prosecution.
New Sex Offender Registration Law effective January 1, 2010
May 29, 2009, the Nebraska legislature passed LB285 which amended the Nebraska Sex Offender Registration Act in an attempt to become compliant with the Adam Walsh Act.
New Reporting Requirements
All offenders will be required to register in 3 days prior to release from incarceration (local or state), or at a law enforcement agency with AFIS (automated fingerprint systems). In addition to the current registration data collected, the required information will also include:
1. ALL addresses that he or she lives or frequents
2. All employment locations
3. All school information
4. Travel & immigration documents
5. Professional licensees or certificates
6. Remote communication device identifiers/addresses
7. Email addresses, chat room id, etc
8. Signed consent form to search (if 6 or 7 is provided)
9. DNA sample
10. Palm prints in addition to fingerprints
All registration changes will take place in person at the sheriffs’ offices. The offender must report any change in residence/temporary residence, employment, or school on an approved form (NSP792).
New Registration Duration
Under current law, offenders must register for 10 years or life. Registration duration period will change to 15 year, 25 year or life as follows under the new law effect January 1, 2010 and will apply to all sex offenders currently registered and were previously registered:
Fifteen years, if the sex offender was convicted of a registrable offense under section 29-4003 not punishable by imprisonment for more than one year; (i.e. primarily misdemeanor offenses)
Twenty-five years, if the sex offender was convicted of a registrable offense under section 29-4003 punishable by imprisonment for more than one year; or
(i.e. primarily non-aggravated felony offenses including attempt/conspiracy)
Life, if the sex offender was convicted of a registrable offense under section 29-4003 punishable by imprisonment for more than one year and was convicted of an aggravated offense or had a prior sex offense conviction or has been determined to be a lifetime registrant in another state, territory, commonwealth, or other jurisdiction of the United States, by the United States Government, by court-martial or other military tribunal, or by a foreign jurisdiction. (i.e. primarily aggravated felony offenses = force/drugged victim/disabled victim/victim <13, including attempt/conspiracy; felony or misdemeanor repeat offenders)
New Verification Process
The verification schedule will be determined by the registration duration time. Letters will be mailed to each registered offender (or prior registered offender) to advise of their verification schedule.
15 year: Required to report for verification annually in person at the sheriff’s office in the month of the offender’s date of birth.
25 year: Required to report for verification bi-annually in person at the sheriff’s office in the month of the offender’s date of birth & six months following.
Lifetime: Required to report for verification quarterly in person at the sheriff’s office in the month of the offender’s date of birth and every three months thereafter.
New Community Notification Process
The new law will post ALL REGISTERED SEX OFFENDERS since the classification or “risk levels” will no longer be used and will be categorized by registration duration.
All violations will be a Felony IV, unless the offender has a prior Felony IV violation conviction and the subsequent violation will be a Felony III.
One registration form will be used for registration, changes and verifications. All registrations, changes and verifications must be completed on this form by the offender in person at the sheriff’s office. The forms will be disseminated to all registering agencies before the end of the year.
All forms have been updated and will be disseminated accordingly before the end of the year.
For more information on LB285 you may read the online document from the Nebraska Legislature web site.
- 5. How do I make payments on a distress warrant?
Every November the Sheriff’s Office receives distress warrants from the Red Willow County Treasurer’s Office. Distress warrants notify the Sheriff’s Office of individuals and businesses within Red Willow County that have delinquent personal property taxes.
The Sheriff’s Office is mandated by state statute to attempt to collect those unpaid taxes. After receiving the distress warrants, the Sheriff’s Office sends written notices to those named on the warrants in an attempt to obtain voluntary compliance. If direct payment is not obtained, a Deputy Sheriff is assigned to demand payment. This Deputy can also seize and sell personal property of the individual or business to satisfy the delinquent taxes.
- 6. How do I get a copy of an accident report?
Contact the Red Willow County Sheriff's Office or the agency that worked your accident to request a copy of the report.
Have you been in an accident? Visit the Accident Report page under Public Documents to download an accident report form.
- 7. How do I get a handgun purchase permit?
Applicants who live outside the McCook city limits may apply in person at the Sheriff’s Office, 516 Norris Avenue, McCook, NE, Monday through Friday, 8:00 A.M. to 4:00 P.M. If you are a McCook resident you may apply at either the McCook Police Department or the Red Willow County Sheriff's Office.
See complete information about the application process on our Handgun Permit page.
- 8. How do I get my concealed carry permit?
Applicants who have completed an approved handgun training and safety course and completed a Concealed Handgun Permit Application, can present the application and necessary documentation in person to the nearest Nebraska State Patrol Headquarters.
All the information you need to know can be reviewed on the Nebraska State Patrol website.
- 9. How do I get renters removed when their rent is delinquent?
One of the most frequently asked questions involving civil procedures is the eviction process. Law enforcement, including the Sheriff’s office is prohibited from providing legal advice so we cannot advise anyone on how to proceed with the procedure. We can however give information about our involvement in the process.
For legal advice please contact the attorney of your choice as we cannot suggest which attorney to use either. See Eviction Procedures under Public Documents for the steps involved.