The Madison County Sheriff's Office Civil Section'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 of evictions, notices of hearings and writs of executions.
The Civil Deputy is also responsible for executing writs for seizing of real and personal property, conducting sheriff's sales when directed by a plaintiff under a writ of execution and collecting delinquent personal property taxes under warrants of distraint per Idaho Code 63-206 and 63-1014.
Our Civil Deputy strives to be informative, professional and courteous to the general public as well as other agencies seeking our services.
1. What types of cases are civil cases?
There are many types of civil cases. The more common cases are:
Divorce, child support, custody and visitation, and division of the marital property.
Disputes over an agreement usually for the payment of money for services or goods.
Personal Injury -
Action to recover damages (money) for injuries sustained due to someone else's fault.
2. Where do I file a civil case?
In general, there are three levels of the civil courts in which an action can be filed. However, there are exceptions to these rules, so seek the advice of an attorney before filing.
Small Claims: Actions for less than $5,000 and many landlord tenant disputes.
District Court: Actions for less than $10,000 and all domestic cases.
Superior Court: Actions for over $10,000.
Small Claims court is the same as the magistrate's office, usually located in or near the County Courthouse.
3. What does it cost to file a case?
Court costs vary depending upon which division you file the action in. You can contact the Clerk Court's office in your county for the current cost of court fees. You may have to pay additional fees besides court costs. These include service fees that are paid to the Sheriff. Sheriff's fees in Madison County are $ 45.00 payable to the Madison County Sheriff's Office.
4. What information can I get to help with an eviction?
The Office of the Attorney General has a Landlord and Tenant Guideline booklet available online or one can be obtained from the Madison County Sheriff's Office in the Civil Deputy's Office. Please note that this can be viewed on-line at http://www.ag.idaho.gov.
5. I saw a notice in the paper for a foreclosure sale, where can a go to get a listing of the properties?
In Rexburg there are three title companies:
- Alliance Title & Escrow
- First American Title
There may be a small charge for the list.
6. Is there a place on-line for civil forms?
Go to http://www.courtselfhelp.idaho.gov.
7. I don't have the money to hire an attorney, is there someplace that I can go for help to get started.
If you need help you can call the Seventh Judicial District Court Assistance Officer at (208) 589-9872, or Legal Aid of Idaho Falls at (208) 524-3660.
8. Can the Sheriff' Office give me legal assistance or advice?
The Sheriff's Office cannot give legal advice, only legal information.
9. What will I need to have the Sheriff's Office serve a paper for me?
You will need a letter of instructions; Instructions must be signed and dated by you or your attorney, specifying who is to be served and the address for service, and addressed to the Sheriff of Madison County.
You will need a self-addressed stamped envelope, so that we can mail the return back to the proper address.
If you are out of state and would like the return notarized, please make sure that is stated in the letter of instruction. (There are no additional charges for a notary fee)
The service fee is $45.00 per return.
10. How many times will the Sheriff attempt to serve?
Idaho Code requires that we make three good faith attempts, but if we are unable to serve after the three attempts, we make sure we have attempted a morning service, an afternoon service, and an evening service.