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FAQs
Where and when can I get fingerprinted?
Fluvanna County Sheriff's Office does fingerprinting at the office on Mondays and Wednesday's from 9am-11 am. You must bring your Driver's License or Identification Card and ten dollars cash. The Sheriff's Office does not accept personal checks. The cost for fingerprinting is ten dollars per request. In addition to fingerprinting, the Sheriff's Office will do local background checks for you at a cost of ten dollars per request.
18.2-95. Grand larceny defined; how punished.
Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.
(Code 1950, § 18.1-100; 1960, c. 358; 1966, c. 247; 1975, cc. 14, 15, 603; 1980, c. 175; 1991, c. 710; 1992, c. 822; 1998, c. 821.)
How do I obtain a copy of an accident/incident report?
In order to obtain a copy of an accident/incident report you need to contact Executive Assistant Martha Gatlin at (434) 589-8211. Please contact Mrs. Gatlin before you come to the Sheriff's office so that she has time to gather all of the necessary paperwork you need before you show up. The cost of a copy of a report is ten dollars for the victim of the crime or accident after 30 days and ten dollars for all other requests.
I need to have a divorce process served in another state but it is issued out of a Virginia court. How do I go about this?
Every Sheriff should have a directory of all Sheriff's in the United States. You could contact your local sheriff either by phone or by E-mail and request the address for that jurisdiction. Or via the Internet, contact the National Sheriffs' Association at http://www.sheriffs.org or write to 1450 Duke Street, Alexandria, Virginia, 22314-3490 703/836/7827. For locating Virginia Sheriff's, you can contact the Virginia Sheriff's Association at http://www.virginiasheriffs.org or by writing to 701 East Franklin Street, Suite 706, Richmond, Virginia 23219 Phone(804) 225-7152 Fax(804) 225-7162
18.2-96. Petit larceny defined; how punished.
Any person who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
My child support payments are taken out of my pay check but the Deputy came by with Department of Child Support Enforcement papers. I am not behind on my child support payments, why is DCSE serving me with papers?
From time to time DCSE updates their files. They use the Sheriff's services for notification because it is free. If you have questions about your payments, or notice a discrepancy in the amount of payments, you should contact your local DSCE office for correction.
What do I do if I suspect I am the victim of fraud?
If you suspect that you are either the victim of a fraud, a scam, or that you have received an email that seems fraudulent then you can go to several different websites to report such. The first website you may visit is the National Consumers League's Fraud Center at fraud.org. The second website you can visit is the Federal Trade Commission at ftc.gov. The third website you can visit and report the potential fraud to is the Internet Complaint Center at www.ic3.gov/default.aspx.
18.2-108. Receiving, etc., stolen goods.
If any person buy or receive from another person, or aid in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender be not convicted.
(Code 1950, § 18.1-107; 1960, c. 358; 1975, cc. 14, 15.)
A notice was left on my door for my relative who doesn't live here. What's this all about?
As much as we would like to tell you, we are prohibited from discussing the process with anyone other than for the person to whom it is issued. Think of it this way, would you like the Sheriff discussing a process for you with a neighbor or separated spouse? What you can do is either provide us with a phone number and address so that we can contact them, or have the relative call us.
18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty.
A. Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale.
B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen property with an aggregate value of $200 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony.
C. A violation of this section constitutes a separate and distinct offense. (2003, c. 831.)
Why do I have to go to court about collection matters after filing for bankruptcy?
Filing of bankruptcy protects the debtor from any creditor process, i.e., collection of debts. However, the court would not have any knowledge that a debtor filed bankruptcy. This is why it is important to appear or notify the court that bankruptcy has been filed. Once a show cause has been issued for failure to appear, the process now becomes a criminal matter (contempt of court) and the deputy must serve the process, unless the court recalls the order. If the debtor fails to appear on the show cause, a capias for the defendant's arrest will be issued. This could be avoided by taking care of the problem in the beginning.
Why can't I come down to your office to pick up papers for my spouse?
The laws relating to service of process are specific. If the person to be served is a party to the suit, they must be served in person at a business. Additionally, it may be a process which requires personal service, regardless of where it is served, and service at our office may be more convenient to the individual being served.
If I pay the debt before the court date, do I have to still go to court?
If the process indicates the debtor does not have to appear in court, the debtor may elect to pay the debt and forego going to court. However, the debtor takes a risk in doing so. If for some reason the payment gets lost and debtor fails to appear in court, judgment will be obtained by default. It is more difficult to reverse a judgment than it is to simply appear in court to ensure the debtor's rights are protected. For this reason, all deputies will encourage a person to appear in court when requested to do so.
I paid my late rent but the landlord had a Deputy post a notice to vacate on my door. Can the landlord still evict me?
There are several remedies available to both the tenant and the landlord. Therefore, it is suggested each party seeks the advice of an attorney. From the Sheriff's perspective, however, once the Writ has been placed in his hand, it is considered a valid writ and the eviction can take place, even if the rent has been paid. Of course, those remedies mentioned could stop an eviction from proceeding.
I am a landlord who has a delinquent tenant. I went to court and obtained my judgment to have the tenant evicted. However, today the tenant told me he filed bankruptcy. I want them out! Why won't you go out and evict them like I asked?
Filing of bankruptcy stops all civil actions against the tenant. This includes the eviction process because the debtor's estate, personal or real, is protected by the bankruptcy court. In order for the landlord to go forward with the eviction, he must obtain from the bankruptcy court, an order granting relief from stay. Without this, the Sheriff will not evict.
I've heard that sale of automobiles that are confiscated by the police are going to auction. Who do I contact for information about those sales?
Vehicles and property used in the commission of a crime can be confiscated by the Commonwealth and sold. While the Sheriff stores the confiscated vehicles, the sales of those vehicles are handled by the Civil Division Commander who can be reached at 589-8211.
I found this paper on the door and this person doesn't live here. What do I do with the paper?
It is important to understand that the Sheriff is not the only person who serves processes. Private process servers are also permitted to serve process. However, if you should find a process on your door for someone who doesn't live there, regardless of who may have served it, call our office at 589-8211 and we may send a deputy to pick it up. When calling us we will need some information, such as who you are, the address where the process was left, if you are related to the person to be served, if there is any forwarding address or phone number, and how long ago the person moved away.
I moved out of the place where I was living and left some of my things there. The person won't let me in to get them. I need a law enforcement officer to go with me to get my things. How can I arrange this?
Unfortunately, the Sheriff does not assist in recovery of specific personal property unless he has a court order in hand. If the person will not return the property, the owner of the property may have to go to the court to obtain an order called a Writ of Possession in Detinue to have the Sheriff assist in recovery of the withheld property. This takes time, but if the owner believes the property will be sold or removed from the Commonwealth, the owner can go to the magistrate to request a Detinue Seizure Order. This process is more expensive and the party should seek the advice of an attorney to determine if this is the best route for recovery of the property.
I have been given custody of my child but other parent refuses to return the child to me. Will a Deputy go with me to help me get my child back?
Unless there is a specifically worded order in the Sheriff's hands directing him to take custody of a child, he will not. Any custody order obtained in another state other than Virginia is not recognized here and must be filed with a Virginia Juvenile and Domestic Relations District Court to ensure the foreign order complies with Virginia law.
My neighbor was evicted yesterday and there is a mess in the yard. Who do I contact to get the mess cleaned up?
Any property which is placed to the curb during the eviction process is the property of the tenant. It is considered theft to take that property once placed to the curb. If the property has been there for more than 24 hours, the neighbor should contact the Land Owner for disposal. This is usually the responsibility of the landlord. If, however, the property is placed to an area where it is considered private property, such as, condos or apartments, a person may contact that association or rental office to request clean up.
A Deputy posted a notice on my door saying he was going to recover furniture by forcibly entering the home. I repeatedly told the furniture company I do not live at the address and all furniture has been moved. How do I stop them from entering the house
Once the Writ has been issued, the Sheriff has the authority to use force to execute the order. It is not necessary that you be there; simply have someone available to let the Sheriff and the furniture company in to confirm what you have told him. This should stop repeated contact from the furniture company.