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Civil Division of the Sheriff's Office

The Nez Perce County Sheriff's Civil Division is open from 9:00 am to 5:00 pm, Monday through Friday excluding holidays.

THE CIVIL DIVISION DOES NOT GIVE LEGAL ADVICE. IF YOU NEED HELP WITH A LEGAL SITUATION, CONTACT AN ATTORNEY.

The Civil Division’s primary function is to assist the general public and state entities in serving civil and court documents to individuals regarding civil and criminal actions being brought against them. This includes a close working relationship with the deputies assigned to serve the paperwork to ensure every effort is made to secure proper service. Civil service includes but is not limited to: summons and complaints, civil protection orders, garnishments, subpoenas, all paperwork generated by Health and Welfare, juvenile summons, small claims, 3-day eviction notices, summons for evictions, notices of hearings and writs of executions.

This division is happy to assist anyone with procedural questions regarding any of the civil paper process. Our staff strives to be informative, professional and courteous to the general public as well as other agencies seeking our services.

The Civil Division is also responsible for executing writs for seizing of real and personal property, conducting Sheriff sales when directed by a plaintiff under a writ of execution and collecting delinquent personal property taxes under warrants of distraint per Idaho Code 63-1012 and 63-1106.

Civil Paper Service Fees

The fee for paper service is $55.00 per individual to be served and must be prepaid prior to service. Idaho state and county government agencies are exempt from the fee.

A $55.00 fee is required for garnishment service, and once the garnishment begins the Sheriff’s Office will assess a percentage of the amount collected as well as interim Sheriff’s fees from the employer on each check received.

For other fees, see the table below or contact the Civil Division.

Service Information

Deliver or mail the documents you want served as soon as you can. Be sure to include a letter of instruction to the Sheriff stating who, what, when, where, and any other information you may have that will help us serve your document(s); the letter of instruction must be signed and dated by you or your attorney. Even with the best instructions you give us, it is sometimes difficult to locate the person(s) you want served.

The more time you allow for service, the better the chance that we will be successful on your behalf. We will contact you by mail once the service is complete or if we were unable to complete the service. It is your responsibility to send the original return of service to the court of record.

Remember that, although we will serve ALL of your papers, certain court documents such as small claims orders, summons and complaints, subpoenas, orders to show cause and notices can be served by anyone over the age of 18 who is not a party to the action. Due to the number of cases we receive and the service fees, you may choose to have someone other than the Sheriff’s Office serve your documents.

The Sheriff's Office is the only agency that can serve an enforcement document (writ).

 

Nez Perce County Civil Sheriff's Fees

 

CIVIL PROCESS FEES

Resolution No. 2017-10-16

At a meeting of the Board of Nez Perce County Commisioners, State of Idaho, on the 23rd day of October, 2017, the following resolution was unanimously adopted, to-wit:

WHEREAS, pursuant to Idaho Code 63-1311A, Nez Perce County advertised for a public hearing to held regarding the following:

     Change/Increase in Civil Fees through the Nez Perce County Sheriff's Office; and Additional Fee for Disputed Financial Transactions Cards; and Increase Fees for Insufficient Funds Checks.

WHEREAS, at 2:00 p.m. on the 3rd day of October, 2017, a public hearing was held in the Brammer Building Conference Room, located at 1225 Idaho Street, Lewiston, ID 83501; and

WHEREAS, the Board of Commissioners considered the entire record and any and all information whether oral or written that was received at the time and place of the public hearing; and

WHEREAS, based upon all of the information received at the public hearing and applicable State law, the BOARD, as hearing board, desires to adopt Exhibit 'A' as the updated civil fees for the Nez Perce County Sheriff's Office. 

 

  Advance Fee Proposed Service and Return Fee
     
Affidavit and Order   $55.00
Arrest in Criminal Proceeding    
Cancellation of Service before attempt    
Cancellation of Service after attempt    
Certificate of Redemption    
Certificate of Sale, Personal Property    
Certificate of Sa1e, Real Property    
Commission with Levy    
Commission without Levy    
Complaint   $55.00
Criminal Summons   $55.00
Deed, Sheriff's - for drawing and executing including the acknowledgment    
Garnishments (see below)    
   One Time Execution on Personal Property (Bank Account/Cash Demand/Till Tap)   $55.00
   Continuous Execution (Wages)   $55.00
   Interim Return to show disbursement of monies held by the Sheriff    
   Certified Mailing (actual costs of current rate)   Actual Cost
     
Injunction   $55.00
   Levy (on receiving and paying over on money execution regarding land or personal property when levied and sold)    
   On first $1,000, is 2%; on all amounts over $1,000, it is 1% more; if no sale, it is $100    
Moving and Storage Costs $1,500.00  
No Found Return    
Notice   $55.00
Notice of Levy    
          Record Notice of Levy (Real Property) current rate for recording at County Auditor/Recorder's Office    
Notice of Sale - first notice    
   Posting each additional notice    
Notice Pay Rent or Quit   $55.00
Notice to Quit   $55.00
Notice to Vacate   $55.00
Order   $55.00
Order for Appearance or Examination   $55.00
Order to Show Cause   $55.00
Posting    
Personal Property Only    
   Small Claims Writ   $55.00
   Serve Affidavits and/or Notices   $55.00
   Preliminary Injunction   $55.00
   Real Property - Levy and Sell   $55.00
Restraining Order   $55.00
Sale Notice    
   Posting each additional notice    
Subpoena - Civil   $55.00
Subpoena - Criminal   $55.00
Small Claims Court S/C   $55.00
Summons and Complaint   $55.00
Summons and Petition   $55.00
Temporary Restraining Order   $55.00
Tenant Three Day Notice   $55.00
Three Day Notice to Pay Rent or Quit   $55.00
Warrant of Distraint   $55.00
Writ of Assistance   $55.00
Writ of Possession - Personal Property   $55.00
Writ of Possession - Real Property   $55.00
Writ of Restitution   $55.00
     
Fingerprinting Idaho Residents    $10.00
   for each subsequent card   $3.00
Fingerprinting, Out of State Residents    $10.00
   for each subsequent card   $3.00
     
     

 

 

Sheriff

Joe Rodriguez

Joe Rodriguez


Office Location
1150 Wall Street
Lewiston, ID 83501

Location Map

Mailing Address
1150 Wall Street
Lewiston, ID 83501

Sheriff's Phone
208-799-3130

Detention Center Phone
208-799-3139

Toll Free
800-898-6426

Sheriff's Fax
888-727-6814

Detention Center Fax
888-715-8307


 

 

 

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