FAQ

Frequently Asked Questions

General

Arrest & Detention

Civil

Domestic Violence

Safety

Citations, Reports & Permits

Scams & Schemes

General FAQ

When is the Franklin County Sheriff's Office open?

 

The Sheriff's Office provides law enforcement services on a twenty-four hour a day basis However, the main office is open to the public from 8:00 a.m. to 5:00 p.m., Monday to Friday. 

 

What is the location and telephone number of the Sheriff's Office?

 

The Sheriff's Office is located at 285 T. Kemp Road, Louisburg, NC 27549. The telephone number is (919) 496-2186. The Sheriff's Office fax number is (919) 340-0172.

 

What is the Sheriff's Office after hours non-emergency number?

 

After 5:00pm for all non-emergencies, please call (919) 496-2511.

 

If I or someone that I know is a victim of bullying, what should I do?

 

There are various forms of bullying (Physical, Verbal or via Social Media).

 

Bullying quite often is being committed via various forms through social media. If you or someone you know, is the victim of bullying, please call 911 so that the proper authorities can intervene.

 

How do I safely dispose of unwanted medication?

 

There is a medicine drop off box located in the lobby of the Sheriffs' Office. There is also one located in the lobby of the Sheriffs' Office Sub Station in Bunn. The Sheriffs' Office partners with the local law enforcement agencies in the county to hold medicine drop off days throughout the county. This provides citizens an opportunity to bring unwanted/unused medicine to be properly and safely disposed of.

Civil FAQ

What are the Sheriff's fees for serving Civil Process?

 

Please see the master fee schedule. Forms of payment accepted are cash, money order, and business or cashier’s checks. 


 

Where can I obtain legal forms and information for filing a civil court case?

 

Online at the NC Court System's website or in person at the Franklin County Clerk of Court's office (102 South main Street, Louisburg). 

 

You may also get helpful information on the NC Department of Justice's website, including (but not limited to):

 

  • Landlord Tenant Law
  • Auto Repair
  • Consumer Services
  • Unwanted Telephone Solicitation Issues
  • Telemarketing Fraud
  • Information on how to buy a used car



What can I do if my landlord and I are involved in a dispute?

 

The Sheriff's Office cannot intervene on either party’s behalf unless a threat of violence has occurred or a crime has been committed against the involved parties.

 

Further information (including referral information when seeking an attorney) is available on the NC Department of Justice's website.

 

 

What are the steps to the eviction process?

 

Steps for Eviction

 

1. Written 10-Day Notice

 

The landlord, owner or the person doing the evicting writes a 10-Day Notice. The time frame begins the date the 10-day notice is served. Weekends, holidays and business days are included in the 10-day period. The landlord/owner/evictor can serve the written notice in one of the following ways:

 

Post it on the door,

Mail it, or

Hand deliver it.

 

2. Summary Ejectment

 

If there is no response after the official ten-day (10) notice has been provided to the tenant, you may initiate the eviction process by filing a case with the Clerk of Court. For assistance acquiring and filling out the necessary forms, you may do so for a nominal fee through the Franklin County Clerk of Court. An eviction forms packet may also be purchased from the Clerk of Court's Civil Division for a nominal fee. Their office is located at 102 South Main Street, Louisburg. Information on filing fees can also be obtained from the Clerk's Office. Completed forms and fees should be taken to the Clerk of Court for filing.

 

The cost of serving the summons is $30.00 per person per service.

 

Each and every adult being evicted must have a summons served upon them.

Either summons will need to be issued a case number by the Clerk of Courts.

The time frame does NOT include the day of service, weekends, or holidays.

 

The Landlord must decide if you are pursuing back rent or if you just want the people to vacate the premises:

If you decide to pursue back rent then this summons must be personally served in order to collect for monetary damages. If this option is requested, there is a chance the court date will have to be continued if defendant is not able to be found.  **Judgment Collections in back rent cases are rare**

If you decide to request possession without collecting back rent or monetary damages then the summons can be posted on the door.

The Deputy will always attempt to obtain personal service first before Posting the property unless requested otherwise.

 

After the court date in Magistrates Court, there is a 10-Day appeal period in which the Defendant can appeal the case to District Court

 

3. Writ of Possession

 

A Writ of Possession may be submitted to the Clerk of Court for issuance once the 10-Day appeal period is over. A Writ of Possession is included with the forms made available through the Clerk of Court. 

 

Make sure that the contact information is on the front side of the Writ of Possession, including:

·      Contact person’s name

·      Address

·      Telephone number to contact them to schedule the Eviction

 

Once the Sheriff’s Office receives the Writ of Possession, it goes to the assigned deputy for scheduling and service.

The time frame for scheduling the Eviction is 5 Business days after receipt by Deputy and does not include weekends or holidays.

 

The deputy will contact the Landlord or their agent to schedule the day and time to turn the property over.

 

On the date and time to turn the property over, the deputy will stand by long enough for you to change the locks, or to have them changed by a professional locksmith, if you desire. Changing locks is your responsibility; the Sheriff’s office does not change locks.

 

If the people have not left the premises, the deputy will escort them off the property.

If personal property is left behind, then the Landlord must store this property for a minimum of 7 days. --G.S. 42-25.9(g)—

The Landlord shall release possession of property to the Tenant upon the tenants request within the 7 day period.

 

The Sheriff’s Office accepts cash, money orders, and business or cashier's checks.


 

Why can it take so long to get my civil papers served?

 

Service challenges may vary but some of the most common delays are due to:

 

- Improper or incomplete service address (P.O. Boxes cannot be used).

- Delays in paper processing due to the filing location (example: Franklin County Clerk's Office, U.S. Mail or Fed-X delivery delays, observance of holidays by the Court and Clerk Office closures).

- No included service instructions. 

- No information on respondent's or defendant's place of employment or contact numbers.

- If attempting to serve a resident of Lake Royale, we need the physical address on the paper not the mailing address or Lot number.

 

Suggestions:

 

- Only provide certified, stamped clerk's copies and/or originals for service.

- Provide only cash, money orders, or business or cashier's checks when dropping off civil process for service.

 

Avoidance of the above-mentioned reasons for delays and compliance with the noted suggestions can avoid processing delays and ensure faster, more accurate service when attempting to effect service of civil process.

Arrest & Detention FAQ

What happens to someone when they get arrested?

 

Depending on the level of the crime, the person will either be held for court, held under a bond or released on a promise to appear.

 


When can I see or speak to someone that has been arrested?

 

You may speak to the arrestee after bond has been set by the Magistrate. Each arrestee is given one phone call and afterwards the inmate is given a pin number and an account is established in order to make additional calls. However, the inmate must have funds in the account to make telephone calls.



How can I get a refund for a cash bond that I've posted?

 

You’ll need to provide the Clerk of Court with the following information:

 

  • The cash appearance bond receipt number.
  • The court disposition or "no information" (when case is not prosecuted).
  • A photocopy of the driver's license for the person who posted the bond.

 

If you don’t have the original cash appearance bond receipt (the blue form), you can obtain a certified copy of the bond receipt from the court file. You can request a lost bond form by writing to us or by calling the Clerk of Court at 919 497 3030.

 

If you don’t have the court disposition or "no information", you may obtain that by writing to:

 

Franklin County Clerk of Superior Court
102 South Main Street
Louisburg, NC 27549

 

The traffic and misdemeanor division is located at the Franklin County Court Annex situated at 113 South Main St, Louisburg, NC, 27549. When writing to the Clerk's Office, please refer to the defendant's name, date of birth and arrest number.

Domestic Violence FAQ

What is Domestic Violence?

 

Under the provisions of North Carolina General Statute [Chapter 50B] , domestic violence means any assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. This can include but is not limited to:

 

  • Physical Abuse: pushing, slapping, kicking, punching, choking and beating;
  • Emotional/Verbal Abuse: threats, verbal intimidation, following and stalking or acting out in anger;
  • Sexual Abuse: any unwanted touching or forcing of someone to engage in a sexual act against his or her will.

 


What is a Domestic Violence Protection Order?

 

This is a petitioned order coming from the Court through the Domestic Violence Division that helps a victim (Petitioner) allow the Court jurisdiction over the parties noted and puts provisions in place as to avoidance of any further acts of violence.

 

 

How can I apply for a Domestic Violence Protection Order?

 

How can I APPLY? There are three Departments that can assist individuals seeking a Temporary Domestic Violence Order.

 

Safe Space:

 

Safe Space can assist individuals seeking assistance from Temporary Domestic Violence Protection Orders. Safe Space is open during business hours and is located at:

113 S Main St #107, Louisburg, NC 27549
(919) 497-5444

 

Franklin County Clerk Of Court (Civil Department)

 

Franklin County Clerk can issue DVPO’s during regular business hours.

 

Address: 102 S Main St, Louisburg, NC 27549

Phone (919) 497-4200

 

Magistrate Office

Domestic Violence Orders are generally issued during business hours by Safe Space. However, in emergency situations, after business hours, holidays or weekends Individuals should call 919-496-2511 for magistrate consultation. 

 

Address:

285 T. Kemp Road

Louisburg N.C 27549

Tel: 919-497-4280


 

Are there any other injunctions available if my situation is not domestic?

 

Individuals should contact their Local Law Enforcement agency to report all forms of abuse. Reporting abuse is shown to reduce offender violence. Ensuring the safety of oneself or another is the first step to a safe home and community.


 

Who can get a domestic violence protection order?

 

You can seek legal protection from acts of domestic violence done to you or your minor child by someone you have had a "personal relationship" with, which includes:

 

  • Your spouse, or ex-spouse,
  • A person of the opposite sex with whom you live or used to live,
  • Someone you are related to, including parents, children, grandparents and grandchildren, over the age of 16,
  • Someone with whom you have a child in common,
  • A current or former household member, or
  • Someone of the opposite sex whom you are dating or have dated. ("Dating" is defined as being romantically involved over time and on a continuous basis during the course of the relationship.)*
  • Teens under the age of 18 need a parent or guardian to file for a protective order on their behalf. For more information, speak to a local domestic violence organization

Citations, Reports, & Permits FAQ

How can I apply for a permit to purchase a handgun?

 

You may now apply either in person at the Sheriff's Office (285 T. Kemp Road, Louisburg) or online. 

 

 

How can I apply for a concealed weapons permit?

 

You may now apply either in person at the Sheriff's Office (285 T. Kemp Road, Louisburg) or online. 

 


What do I do if I get a ticket?

 

If you need information about a ticket or traffic citation, please do not call the Franklin County Sheriff's Office or the police agency that issued it. Once the ticket is issued, it becomes part of the court process and is handled by Franklin County's Clerk of the Courts.

 

The North Carolina Court System has an informative web site with valuable information about the resolution options for tickets and citations. You can even use online payment for some tickets and citations.

 

If a court appearance isn't required (the box at the bottom of your citation stating "infraction does not require appearance in court" must be checked), you may have a few options: 

 

  • Pay the citation: this is a guilty plea and points will be assessed (if applicable).
  • Participate in a deferral or reduction program (e.g. attend driving school). This is a no contest plea, the fine must be paid but no points will be assessed if you meet the program requirements within the time required (for more information, please contact the District Attorney's Office for District 9).
  • Plead Not Guilty: consult the NC Court System website for procedures and options for this plea.

 

If a court appearance is required, you MUST appear on the date specified on the ticket.

 


If my car has been towed, how do I locate it?

 

If the Sheriff's Office stored or impounded your vehicle, you should call (919)496-2186 Monday - Friday between 8:00am and 5:00pm and (919)496-2511 after 5:00pm and on the weekends. Our personnel can provide you with the towing information. 

 

In most cases, you will be responsible for paying any towing and storage charges or fees directly to the towing company.

Scams & Schemes FAQ

I have received various phone calls from people representing themselves as police officers and asking for donations. Are they really police officers?

 

Deputies and members of the Franklin County Sheriff's Office do not solicit funds in their official capacity as law enforcement officers for any outside organizations over the telephone. Additionally, the Sheriff’s Office does not accept or recieve funds from these telemarketing organizations. 

 

While there are many worthy groups and organizations which support law enforcement and their members, remember to always ask phone solictors if they will send you information on their charity. If they won't, just hang up. Ask questions such as how they disburse collected funds. Be wary of callers who insist you make a decision "right now" and ask for personal information such as your social security number. 

 


I received a letter from a foreign country telling me I won millions of dollars in the lottery, how do I know if it’s real?

 

Remember, if it sounds too good, it probably is. This definitely applies to foreign lottery scams. Con artists make up reasons for why you need to wire them money (e.g., taxes, special courier), or why you should give them your banking information. The criminal is certainly not planning on making a deposit, just a withdrawal of your savings.

 

It is illegal to participate in a foreign lottery and if you did receive a letter, report this to the United States Postal Inspection Service Office.

 

 

I received a solicitation (fax, letter, or email) from Nigeria offering to transfer millions of dollars into my bank account. Who should I report this to?

 

This is a scam, known as the Nigerian 4-1-9 Fraud Scam, and you should:

 

- Contact the United States Postal Inspection Service Office if you received the solicitation in the mail.

 

- Otherwise, notify the Internet Crime Complaint Center (IC3).

 

The IC3 is an alliance between the National White Collar Crime Center (NW3C) and the Federal Bureau of Investigation (FBI). IC3 provides an analytical repository for Internet crime complaints. IC3 analyzes and refers all fraudulent activity identified on the Internet to appropriate local, state, and federal law enforcement authority.


 

Are pyramid schemes Illegal?

 

Pyramid or Ponzi schemes require recruitment of members rather than the sale of goods and services. For a fee, the scheme requires you to recruit other members into the scheme while promising huge payoffs. They are illegal schemes designed to defraud.

 


I was the winning bid on an Internet auction site. I sent the seller a money order for the item, but never received it. Where can I go to file a complaint?

 

Internet auction fraud can be reported by filing a complaint online with the Internet Crime Complaint Center (IC3).

 

The IC3 is an alliance between the National White Collar Crime Center (NW3C) and the Federal Bureau of Investigation (FBI). IC3 provides an analytical repository for Internet Crime Complaints. IC3 analyzes and refers all fraudulent activity identified on the Internet to appropriate local, state, and federal law enforcement authority.

 


I read an ad in the newspaper offering guaranteed loans if I paid some money in loan fees in advance. Should I be concerned about this offer?

 

Yes, you have just encountered an advertisement for an advance fee loan scam and the party offering the loan is a criminal.

 

They would instruct you to complete and return a loan application which requires you to divulge your personal identifying and financial information. It may also require you to send copies of your driver’s license and social security card. After the criminal has obtained all of your information, they will request that you wire the 'loan fees' to them. If you do this, the criminal will not have just stolen your money, but also your identity. 

 

If you suffer a loss, the crime should be reported to your local law enforcement office.


 

How does an identity theft criminal get your information?

 

The methods a criminal may use to obtain your personal identification are as varied as the victims themselves and while there is never a guarantee of not becoming a victim, there are certain steps one can take to greatly reduce the danger. While identity theft criminals have developed many ways of gaining access to your personal information and are continuing to come up with new ideas all of the time, the most widely used methods are still the easiest ones to block which can make prevention easier.

 

Below is a list of the most widely-used methods an identity theft criminal will use to gain access to your personal information.

 

  • Dumpster Diving: A criminal digs through trash, hoping to find discarded items such as credit card bills, bank account statements, and other mail which may include sensitive personal information.
  • Skimming: The criminal sets up a special storage device that captures your credit card information when making a purchase.
  • Phishing: This is a newer technique that became available with the advent of the Internet and e-mail. A criminal pretends to be a representative of a financial institution and will send e-mails stating that your account appears to have been compromised and lead you to a website where you can straighten things out. This is a scam and you will be asked to verify certain personal information that the thief should not have.
  • Pretexting: Once a criminal already has some of your information, they will contact your bank or creditors and using a bogus excuse will persuade the institution to supply additional information to them.
  • Physical stealing: This is the oldest method around and is just as it sounds. A criminal will simply steal somebody’s wallet or purse to see if any sensitive information can be obtained.

 

I believe I may have been a victim of identity theft, who do I call?

 

  1. File a report with law enforcement officials to help you with creditors who may want proof of a crime.
  2. Report the theft to the Federal Trade Commission:

 

Online: ftc.gov/idtheft

By phone: 1-877-ID-THEFT (438-4338), or TTY 1-866-653-4261

By mail: Identity Theft Clearinghouse

Federal Trade Commission

600 Pennsylvania Avenue

Washington, DC 20580

 

Also, be sure to take advantage of the free annual credit reports from all three agencies that you are entitled to per the Fair Credit Reporting Act (FCRA). You should review these at least annually, to ensure no fraudulent inquiries or account established in your name. More information can be found on the Federal Trade Commission's Consumer Information page here.


 

Whom do I notify of spam and phishing e-mails?

 

Forward unsolicited commercial e-mail (spam), including phishing messages, directly to the Federal Trade Commission (FTC) at [email protected]. These messages will be stored in a database law enforcement agencies use in their investigations.


 

How do I reduce the number of phone calls I receive from telemarketers?

 

Register with the National Do Not Call Registry by calling (888) 382-1222, or visit the website at www.donotcall.gov.

 

If you continue to receive calls after being registered, complaints can be filed at the Do Not Call web site or with the Federal Trade Commission (FTC). Visit the FTC website at www.ftc.gov or call (877) 382-4357.


 

How do I opt out of mailing lists?

 

Call 1-888-567-8688, or visit the Opt-Out web site at http://opt-out.cdt.org.

Safety FAQ

I am leaving to go on vacation. Should I notify the Sheriff's Office before going away?

 

If you are going away from home, either for work or for a holiday, there are simple steps you can take to ensure that your home remains safe while away from it.

 

  • Notify persons your trust to keep an eye on the property.
  • Have lights/hallway lamps on timers.
  • Keep a radio playing near to an entrance.
  • Keep a vehicle parked in the driveway.
  • DO NOT advertise that you will be away from your property on social media
  • Have a home alarm system installed, and ensure you turn it on before you go.
  • Inform the Sheriff’s Office, or local police department that you are away, and when you are likely to return.
  • Complete our Vacant Residence Check Request Form

 


How do I safely dispose of unwanted medication?

 

There is a medicine drop off box located in the lobby of the Sheriff's Office. The Sheriff's Office partners with the local law enforcement agencies in the county to hold medicine drop off days throughout the county. This provides citizens an opportunity to bring unwanted/unused medicine to be properly and safely disposed of.


 

What is a Craigslist Safe Trading Area?

 

The Craigslist Safe Trading Area, is an initiative by law enforcement to allow citizens to safely conduct their trades via Craigslist outside the Franklin County Sheriff’s Office. Citizens buying or selling items via Craigslist may meet at the Sheriff’s Office and may request a Deputy to oversee the transaction. Should you request, the Deputy will also check to see if the property is reported as stolen. No appointment is necessary when meeting to conduct a Craigslist trade. Meeting should be done during regular business hours.

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