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Summit County Utah Sheriff’s Civil Process | Legal Document Service & Enforcement
The word “process” is a term that covers nearly all acts of the court. Civil Processing requires a notice to the defendant to appear before the court or subjecting the defendant or his property to the jurisdiction of the court. It encompasses all types of writs, orders, summonses, and notices. The Sheriff has the general duty to serve all processes delivered to him. The types of “processes” may be divided into three classes.
– SUMMONS is the initial process. The purpose of the summons is to initiate the suit against and give notice to the defendant of the plaintiff’s complaint.
– INTERMEDIEDIATE WRITS and ORDERS are the continuing processes of a complaint filed with the Court.
– FINAL PROCESS includes all writs and orders the awarded party uses to obtain, collect and satisfy the judgment.
Fees
The resources of law enforcement should not be burdened to take the time and make the efforts to satisfy a civil issue between two parties. This is why the state allows for fees to be collected for civil process service.
Utah State Statute allows for the Summit County Sheriff’s Office to receive fees for process services. The amounts are governed by code. 17-22-2.5, UCA. The amount charged is determined by the type of process plus mileage. There are deposits required for certain types of services. Refunds are issued if service is not completed or the deposit is more than required once service is rendered.
Service Of Writs, Orders, Attachments & Execution $50.00
Attachment on Personal Property
– Executing an order of arrest
– Executing an order for the delivery of personal property
– Writ of Assistance
– Writ of Replevin
– Writ of Restitution
– Writ of Execution
General Service Fees: $20.00
– Garnishment
– Garnishee Execution Notice*
– Order
– Other process by which an action is commenced
– Subpoena
– Summons
– Summons and Complaint
– Sheriff’s Deed Delete
Writs of Execution, praecipe must have a full detailed description, type of item, serial number, etc of the property to be seized; if the vehicle is to be seized we must have a VIN and plate number, if possible, etc. When seizing vehicles or large items you must provide a name of a certified towing company or moving company. You will be responsible for any charges that you may incur. Our fees for writ of execution are the following:
Miscellaneous Process and Maintenance Fees
– Notary Fees: $10.00
– Copies demanded or required by law: $0.50 / page
Commissions
Commissions for receiving and paying over money on execution or other process if the minimum amount collected does not exceed $1,000 2% of this amount, with a minimum of $1; and if the amount collected exceeds $1,000, 2% on the first $1,000 and 1 1/2 % on the balance.
Deposits Required by the Summit County Sheriff’s Office.
Includes:
– Real Estate: Executions and Order of Sale $600.00
– Real Estate: Attachment $200.00
– Personal Property: Executions and Order of Sale $500.00
* Includes all serving of Writ, posting notices of sale, publication, recordings, certificates of sale. Fees will be billed or reimbursed for any difference.
Mileage Fees: $2.50 Per Mile
– Miles traveled one way for service
(calculated from Summit County Sheriff’s Office)
– Miles traveled one way for service for two
additional attempts (calculated from the
Summit County Sheriff’s Office)
– Miles traveled to transport a Civil Prisoner
from place of arrest to the jail
– Miles traveled to transport a Civil Prisoner
from the jail to court
– Miles traveled to deliver an insane person
to the Utah State Hospital from the courthouse
FEE SCHEDULE
| Description | Amount |
|---|---|
| Advertising property for sale on execution, or any judgment, or order of sale exclusive of the cost of publication | $15.00 |
| Affidavit, Small Claims | $20.00 |
| Arrest, Civil order | $50.00 |
| Assistance, Writ of | $50.00 |
| Attachment, Writ of | $50.00 |
| Bond, undertaking, taking or approving | $5.00 |
| Cancellation of Sale, Real or Personal Property | $15.00 |
| Certificate of Redemption | $15.00 |
| Certificate of sale | $10.00 |
| Commission 2% on first $1,000, 1-1/2 % on Balance Minimum | $1.00 |
| Conducting Sale, Real or Personal Property | $15.00 |
| Copies of any Writ, process or other paper, when-demanded or required by law, for each folio (each page) | $0.50 |
| Deeds, Sheriff’s | $15.00 |
| Eviction, Writ of | $50.00 |
| Execution, Writ of | $50.00 |
| Expenses for delivery of insane person to Utah State Hospital per mile from court house to hospital. Actual and necessary costs for assistance shall be added | $1.50 |
| Garnishment | $20.00 |
| Garnishee Execution | $20.00 |
| Juror, Summon in | $20.00 |
| Keepers fee per day. Amount court orders to maximum of | $15.00 |
| Mileage $2.50 per mile (going only) | $2.50 |
| Mileage (extra) (if not served on first attempt and no more than two additional) (going only) | $2.50 |
| Notices of Sale Personal Property (Minimum 4 postings @ $15.00 ea.) | $60.00 |
| Notices of Sale Real Property (Minimum 5 postings @ $15.00 ea) | $75.00 |
| Notary fee (46.1.12) (UCA) | $10.00 |
| Notices, served | $20.00 |
| Orders | $20.00 |
| Order for Deliver of Personal Property | $50.00 |
| Possession, Writ of | $50.00 |
| Postponin Sale, Real or Personal Property | $15.00 |
| Recordings Recorder fee to be added | $10.00 |
| Replevin, Writ of | $50.00 |
| Rule, served | $20.00 |
| Restitution, Writ of | $50.00 |
| Subpoena | $20.00 |
| Summons & Complaint | $20.00 |
| Trustee Sale (plus $2.50 per mile) | $20.00 |
| Trial of right of property | $35.00 |
| Civil prisoner Jail to Court/Magistrates (going only) or point of Arrest to court/magistrates(each mile traveled) | $2.50 |
Procedure for Service of Papers
Ex Parte’, Protective Orders, and Stalking Injunctions can be served by any law enforcement officer at any time.
All civil process papers requiring service must be processed through the Court Services Division if a citizen wants the Summit County Sheriff’s Office to execute the service. A constable may also serve most civil processes.
How to Serve Papers
Bring or mail the needed papers and related fees to the Court Serivices Division at the Summit County Sheriff’s Office, located at 6300 Justice Center Road, Park City, Utah. The fees are determined by the type of process being requested and the mileage traveled to serve the papers.
What Information is needed to Serve a Paper for Officers:
The resources of law enforcement should not be burdened to take the time and make the efforts to satisfy a civil issue between two parties. This is why the state allows for fees to be collected for civil process service.
All civil papers must be processed by the Court Services Division or by a constable’s office prior to service. Fees are collected and civil rules of services are followed. A citizen, including attorneys requesting assistance in the service of such orders should be referred to the Summit County Sheriff’s Office or, if they choose, any of the constable’s offices.
Information Requested
– Provide an address for the return service
– Provide a daytime telephone number where you can be reached regarding the service of your process.
– Provide the defendant’s full name, alias, or any fictitious business names.
– Provide the defendant’s home address and telephone number.
– Provide the defendant’s business address and telephone number.
– Identify the best times to contact the defendant at the address provided. Normal service hours are Monday through Friday, from 8:00 a.m. to 9:00 p.m.
– Provide a full physical description of the defendant and his/her vehicle.
– If a business is being served, verify business license information with the appropriate licensing agency. In order to properly serve the process and eventually enforce your judgment, the defendant’s business entity must be named in your case exactly as it is licensed or incorporated for business. Specify the business agent. Specify an individual whenever possible.
– Provide two extra copies of the summons and complaint, or other type of civil paper.
Ex Parte’ Protective Orders, Permanent Protective Orders, and Civil Stalking Injunctions, for the purpose of service, are NOT civil papers and MUST be served by ANY law enforcement officer upon the request of a petitioner.
Sheriff Sales
An important duty of the Sheriff’s Office is the conducting and handling the sale of real property under a decree of foreclosure. The cases arise by the mortgagee filing a complaint with the court asking that the court foreclose the mortgage, and have the property sold. In addition, a mechanic’s lien on the real property is enforced by foreclosure of the lien, the same as a mortgage.
The judgment foreclosing the mortgage determines the amount due, and orders the sale of the mortgaged property. It also directs the Sheriff to proceed and sell the same, according to the law relating to sales on execution.
The Sheriff publishes newspaper Notice of Sales three weeks prior to the sale and also in three 3 public places. Other sales require 10-14 days public notice.
Writs of Execution, praecipe must have a full detailed description, type of item, serial number, ect of the property to be seized; if vehicle is to be seized we must have a vehicle identification number, plate number, if possible, etc. When seizing vehicles or large items, you must provide a name of a certified towing company or moving company. You will be responsible for any charges that may occur.
Time Limits
Legal service of civil papers depends upon the type of process and is outlined in the Utah Rules of Civil Procedures. The most commonly served paper are described below:
Small Claims Order:
The order must be served 30 calendar days before the trial date. The state’s court help web site has additional information.
See: Small Claims Court for further information.
Ex Parte’, Protective Orders, Stalking Injunctions
These orders can be served up to the time of the court hearing. Documentation of service may not get back to the court prior to the hearing. Documentation should be on the statewide warrants system.
Eviction Notices, including:
– Three day Alternative Notice
– Three day Nuisance Notice
– Fifteen day Notice
– Notice to Comply or Quit
– Three day Summons
– Writ of Restitution
These processes are generally served upon preparation and/or receipt. The time constraints apply to a defendant responding to this order.
The state’s court help website has additional information.
www.utcourts.gov
It is important to remember it takes approximately 10 working days to process a return of service and return it to the court of record or the plaintiff so they are aware of the service. If a plaintiff or the court has not received proof of service at the time of the hearing, it can hinder the procedure.
PLEASE ALLOW FOUR TO FIVE WEEKS FOR SERVICE AND RETURN TO BE MADE