Civil & Records
Among the many duties of the Canyon County Sheriff’s Civil Division is the service of process and notices. Idaho Code § 31-2202(8). Idaho law defines process to include writs, warrants, summons and orders of courts. Notice includes all papers and orders required to be served in any proceeding before any court, board or officer, or when required by law to be served. Idaho Code § 31-2201.
Our office is committed to providing excellent customer service and to execute service as quickly and efficiently as possible. In order to fulfill our commitment we ask the following of persons wishing to use our office for service.
- Provide a letter of instruction. Not only does the law require written instructions in order to ensure your rights are protected it is the best way to ensure no confusion or error occurs in serving your paperwork. The letter should include the name of the person to be served, where they are to be served, and what documents you wish to be served. The letter must be signed by you or your attorney if you are represented.
- Bring documents you wish served to us as soon as possible. The more time you allow us, the better the chance we will be successful in completing your service request. If your paperwork has a court date or deadline scheduled, a good rule of thumb is to have the paperwork to us seven (7) calendar days before the court date or deadline.
- Payment of the fee for service. Idaho law requires the sheriff receive payment before he can serve process or notices. Idaho Code § 31-3211. The dollar amount of fees for service can be found by clicking on the Civil Process Fees tab at the top of the page.
We are committed to attempt service in a reasonable and diligent manner. Because the Sheriff is responsible for diligence in the service of process, cases are addressed on a first come, first served basis. This may mean that your documents are not immediately served depending upon the number of requests ahead of yours.
Alternative private service may be a better option in certain circumstances. While we are happy to attempt service on your behalf, certain court documents can be served by anyone over the age of 18 who is not a party to the action. Small Claims Summons, Summons and Complaints, Subpoenas, Orders to Show Cause and Notices may be served in this manner. Due to the number of cases we receive or time restraints in your case, you may find private service of these specific documents better suits your immediate needs.
RESOLUTION NO. 17-143
AT A MEETING OF THE BOARD OF CANYON COUNTY COMMISSIONERS, STATE OF IDAHO, ON THE 31ST DAY OF JULY, 2017, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED, TO-WIT:
Whereas, Idaho Code 31-3203, Sheriff’s Fees, has been amended to permit the board of County Commissioners of each county to set sheriff’s fees by resolution;
Whereas, such fees shall be in an amount reasonably related to but not exceeding the actual costs of such services;
Whereas, the Canyon County Sheriff has reviewed and analyzed the actual cost of service of process and determined that the following fees should be revised to more accurately reflect but not exceed the actual costs of serving and processing legal documents:
1. For serving summons and complaint, or any other process by which an action or proceeding is commenced, on each defendant (includes a return) $50.00
2. For serving every notice, rule or order. (includes a return) $50.00
3. For copy of and making a return on any document to show disbursement of monies held by the Sheriff. (in addition to the return included in all service fees) $15.00
4. For serving a subpoena in a criminal action or proceeding, for each witness summoned. (includes a return) $50.00
5. For serving a Writ of Execution where a levy is not made on property. (includes a return) $50.00
6. For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property. $100.00
7. For serving of garnishments when service is allowed by mail pursuant to Idaho Law. (includes a return) $35.00
8. For serving of writ or wage garnishments or financial institution garnishment by personal service. (includes a return) $70.00
9. For serving a writ of possession or restitution, putting a person in possession of premises when occupant voluntarily removes themselves. $100.00
10. For processing Writs of Foreclosure or Orders of Sales on Real Property. Fee will be charged whether sale is finished or canceled. $200.00
11. Service fee for Writ of Execution where a levy is placed on personal property. $100.00
Civil Stand-By (Public Assistance)
Canyon County residents sometimes ask for help in going to an address to retrieve property. CCSO may respond in some circumstances to keep the peace.
If the parties do not agree to the exchange of property, a court order is required in order for the Sheriff’s Office to assist in getting the property. If the other party does not allow you to get your property, we suggest that you seek the advice of an attorney to get an appropriate assistance order. This order will give the Sheriff’s Office the authority to seize your property if resistance is met.
The eviction process can be quite complex and often requires legal advice. The Sheriff’s Civil Section deputies are not qualified nor are they authorized to answer legal questions. However, the following information on general eviction procedures is offered. For further information you may consult an attorney.
Defendants/tenants must be served with this summons to begin the process leading to a court hearing. This document can be served by the Sheriff’s Office, but again can be served by a private individual or process service company.
Notice to Vacate/Quit
A written Notice to Vacate must first be served on the tenant prior to proceeding to a summons/complaint for unlawful detainer. This notice can be served by the Sheriff’s Office, but can also be served by an adult not a party to the action. If the tenant refuses to vacate after proper service of the notice, the landlord must proceed to the next step in the eviction process, which is to file a complaint in court for unlawful detainer.
Writ of Restitution
This court order gives the Sheriff’s Office the power to remove defendants/tenants from the property. If the defendants refuse to remove themselves and their property, then the Sheriff is authorized to remove and seize that property. The Sheriff is allowed under Idaho law to sell that property to pay for any costs incurred by the Sheriff’s Office. Plaintiffs must pay in advance all costs of enforcement. The Sheriff’s Office performs the following actions when it receives a Writ of Restitution:
- The Civil Section prepares the document advising the defendants/tenants that they are allowed 24/48 hours to vacate the property on their own, unless an emergency exists. The order is either served to the defendants or posted on the door of the property.
- On the day of eviction, a deputy will enter and inspect the property to determine if the defendants/tenants have vacated. If the tenants have vacated, the deputy will contact the plaintiffs, and the property will be turned over at that time. If the tenants have not vacated, the deputy will contact the plaintiffs about moving the property and assess a fee based on the prior moved that have been performed by the Sheriff’s Office. The deputy may adjust the advanced fee required, but it generally approximates $2,000 and is used to guarantee that the contracted moving company is paid for its services. If the property is sold at a Sheriff’s sale, and the amount received covers those costs, then the advanced fee will be returned to the plaintiffs. No moving company will be contracted until the Sheriff’s Office receives the proper fee in advance. Plaintiffs are not permitted to move the belongings.
Collection Process on Writs of Execution
A Writ of Execution is a court order that commands the Sheriff to levy on the property of a debtor for the satisfaction of a debt. In addition to the Writ of Execution, you must give the Sheriff’s Office a letter of instruction describing the property to be seized. If you do not know what property the debtor possesses, the Sheriff can serve the document and make a demand for the payment of that debt. The minimum deposit amount for levying personal property is $2,000.
Idaho law does not require the Sheriff to ask questions concerning the debtor’s property. Please seek the advice of an attorney if you have any questions.
All property levied on by the Sheriff is required to be held for fourteen days before it can be sold. During the exemption period, the debtor or a third party can claim that the levied property was either exempt from execution under Idaho law (Idaho Code 11-603), or the third party may file an ownership claim.
The Sheriff’s Office will notify you if a claim of exemption is made, and you will have five business days to set a court hearing to contest the claim. If you do not want to contest the claim, you must advise the Sheriff, and the property will be returned to the defendant. If no claims are made during the exemption period, a Sheriff’s sale will be conducted and the money from the sale will pay all contract and Sheriff’s fees. Any additional funds will be applied towards the satisfaction of the judgment.
The Sheriff’s Office posts delinquent notices on all past due property taxes and small business taxes. If they are not paid within 10 days of posting, the Sheriff’s Office will conduct public sales on the property and collect said fees.
The Records Section is the center of the Sheriff’s Office. We are the vital link between all sections within the Sheriff’s Office. The Records staff meets all walk-in traffic and routes incoming telephone calls appropriately.
All incidents occurring within the Sheriff’s Office (with the exception of the Civil proceedings) are processed through the Records Section. We organize and maintain all paperwork generated by the jail, dispatch, patrol and criminal investigations.
The following are some of the services provided by the Records Section:
- Processing of criminal reports and citations, including the routing of these items to the appropriate sections and agencies for prosecution.
- Submission of all Administration License Suspensions and Traffic Reports to the state.
- Submission of data for Uniform Crime Reporting.
- Processing of Public Records Requests.
- Electronic conversion of all documents for permanent storage and retrieval.
If you wish to report a property crime or identity theft/fraud, please click on one of the forms below to download and follow the instructions.
In order to best serve the public and to as expeditiously as possible process requests for public records, all requests to examine or copy public records MUST BE MADE IN WRITING. If you are requesting records relating to yourself, under Idaho Code §74-113, you may be entitled to more complete information than would be otherwise available. Although you are not required to provide identification, for you to receive more complete information, pursuant to Idaho Code §74-102(5)(a), please either provide us with a copy of government-issued identification and a notarized statement indicating that you are the person depicted in the identification, or come in person to our office with a copy of your identification so that we can verify your identity.
Pursuant to Idaho Code §74-102(10) requests may be subject to a copy and/or processing fee, which may be required prior to receipt of record(s).
When requesting public records, please be very specific about the type of record you are requesting. Provide as much information as possible so that we can make a thorough search of our records.
It is the Canyon County Sheriff’s Office policy to release traffic accidents to individuals involved in the accident or their representative, i.e.: insurance agent. Some accidents require investigation and may not be available the day of the accident.
We will respond to all written requests within three (3) business days after the request is received, or we will inform you if more time is needed. Pursuant to Idaho Code §74-103, a response may take up to (10) business days. Business days are Monday-Friday 8:00 am – 5:00 pm. All requests received after normal business hours (excluding holidays) shall be deemed received the next business day.
The Records Section tries to ensure that personal information is protected. A record that is still under investigation or pending must be reviewed by our legal department.