Civil

Civil

Among the many duties of the Jerome County Sheriff’s Civil Department is the service of civil process. Idaho Code 31-2202(8).  These documents include but are not limited to:

  • Subpoenas
  • Small Claims
  • Evictions
  • Court Issued Writs
  • Court Issued Summons & Complaints 
  • Garnishments

Our office is committed to providing excellent customer service and make diligent and good faith efforts to serve your legal papers in a timely manner.  For us to fulfill that commitment we ask that you provide us with the following documentation.

  • Provide a letter of instruction. This letter must instruct who is to be served, where the defendant is to be served (**must reside in Jerome County**) and the documents that need to be served.  It must be signed by you or your attorney.  Idaho Code 31-2211.
  • Bring documents you wish served to us as soon as possible. The more time you give us, the better chance we will have been successful in serving your paperwork. 
  • Payment for service.  Idaho Code 31-3211 states that the sheriff receives payment before he can serve process or notices.

We cannot provide any legal advice. If you need legal advice, you must contact an attorney.

 

We cannot do your work for you.  We cannot do the research for you or use our resources to serve your paperwork. You will need to provide us with addresses for the people you are asking us to serve, and possibly their employer, date of birth and social security number.

The following information is provided to better inform the public of our policies and procedures and should not be considered legal advice.  As stated above, the Civil Department does not give legal advice.  If you need help with a legal situation, contact an attorney.

Letter of Instruction

A Letter of Instruction directing the Sheriff to serve process or perform an enforcement action is required with all legal documents.  No electronic signatures or stamped signatures. It will need the specific address of the person or business to be served.  This letter must be signed by you or your attorney.

Fees

The Sheriff’s fee to process civil documents is $60.00.  For a full fee schedule click here.

Service Papers: Summons, Petitions, Claims, Affidavits, Notices, Orders, Subpoenas, etc.

  1. Letter of Instruction for Service Papers 
  2. $60.00 service fee
  3. Paperwork to be served

Notice to Vacate/Summons & Complaint for Unlawful Detainer/Writs of Restitution

  1. Letter of Instructions
  2. $60.00 service fee
  3. Paperwork to be served

Landlord/Tenant Guidelines

AS OF JULY 1, 2020, THE EVICTION/WRIT OF RESTITUTION PROCESS CHANGED DUE TO NEWLY PASSED LEGISLATION MAKE SURE YOU ARE USING THE CORRECT DOCUMENTS!!! CLICK HERE TO SEE NEW LEGISLATION.

Wage Garnishment

In order for the Sheriff’s Office to serve a Wage Garnishment, we require the following documents:

  1. Writ of Execution - 3 copies
  2. Order for Continuing Garnishment (if applicable) - 2 copies
  3. Notice of Garnishment/Interrogatories form for Wage Garnishments - 2 copies
  4. Notice of Exemptions, Instructions to Debtors & Third-Party Claim Forms - 1 copy
  5. Letter of Instructions for Wage Garnishments which per Idaho Code 31-2211 must be signed by your attorney.  If you do not have an attorney, the plaintiff must sign.
  6. An envelope addressed to the defendant with the proper postage. (At least 2 stamps).
  7. $60.00 service fee

Bank Garnishment

In order for the Sheriff’s Office to serve a Bank Garnishment, we require the following documents:

  1. Writ of Execution - 3 copies
  2. Notice of Garnishment/Interrogatories form for Bank Garnishments. Please fill in the top part of this form.
  3. Notice of Exemptions, Instructions to Debtors & Third-Party Claim Forms - 2 copies
  4. Letter of Instructions 
  5. An envelope addressed to the defendant with the proper postage. (At least 2 stamps).
  6. A $5.00 search fee, required by the bank, made payable to the bank.
  7. $60.00 service fee

Vehicle Seizure

Please call or email the Civil Department for this information.

Useful Information

Link to Idaho Court Self Help: 

Office of the Attorney General: Landlord and Tenant Guidelines

Resolutions

  • Resolution - Setting a Fee Schedule
  • Resolution - Civil Cost Analysis Worksheet FY16