Civil & Records

SHERIFF'S OFFICE

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.

Debit/Credit Cards are NOT accepted for any services
An ATM is available in the Lobby (fee may be charged)
Personal Check, Cashier Check, Money Order or Cash is acceptable for Advanced Service Fees only.

No Personal Check or Personal Business Check from the debtor will be accepted for payment on any
Garnishment debt or any other delinquent account (must be certified funds or cash).
Payment must be for the exact amount due, if paying in full. Please call (208) 454-7510 for actual account balance.

The Board of County Commissioners signed a resolution on December 7, 2023, increasing fees for civil unit services for the Canyon County Sheriff’s Office. The new fee structure will take effect on December 11, 2023. For more information, please click on the resolution below.

RESOLUTION NO 23-255 — A RESOLUTION OF THE CANYON COUNTY BOARD OF COUNTY COMMISSIONERS INCREASING FEES FOR SHERIFF CIVIL UNIT SERVICES

Summons, Small Claims, Subpoena, Citation, Order, Notice, Motion, etc.: Fee is per person, per case number: $71.00
Jail service requests for these types of documents: $21.00

Writ of Execution – Wage Garnishments – Service by Mail ONLY: $95.00
Certified Mail: Additional $7.00 Fee

Writ of Execution – Bank Garnishments: $50.00
Additional Advanced Fee: $7.00 payable to the bank for their search fee (no cash, applies to both service types)

Writ of Execution – Cash Demands, Till Taps, Trust Accounts/Third-Party: $60.00

Writ of Restitution – Evictions/Move Outs: $196.00

Writ of Possession (pick up and turn over property): $141.00

Writ of Execution – Seize and Sell Personal Property: $197.00
Additional Advanced Fees: $2000.00 (minimum deposit) required for labor, storage and/or towing.
Vehicle Seizures: $2000.00 per vehicle

Writ of Foreclosure or Order of Sale on Real Property: $1000.00 (minimum deposit)*
Includes $244.00 Sheriff’s Advanced Fee and publication cost
*Additional fees may apply

All fees not specifically listed herein shall be as provided by statute, including, but not limited to, Idaho Code 31-3203. Additional charges for mileage will only be assessed in extraordinary circumstances, and will be assessed in accordance with the statute, including, but not limited to, Idaho Code 31-3217.

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.

Eviction Process

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 through the Office of the Attorney General in the Landlord and Tenant Manual, which can be accessed through the AG’s website at www.ag.idaho.gov. The following procedure is also outlined in Title 6, Chapter 3, of the Idaho Code. Eviction forms are available through the Idaho Court Assistance Self Help Website. For further information, you may consult an attorney.

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.

Summons/Complaint

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.

Writ of Restitution

This court order gives the Sheriff’s Office the power to remove defendants/tenants from the property. The Sheriff’s Office performs the following actions when it receives a Writ of Restitution:

The Civil Section prepares the document and the order is either served to the defendants or posted on the door of the property. Residential tenants have 72 hours to vacate; tenants with a tract of land five (5) acres or more or commercial tenants may be granted seven (7) days to remove their belongings.
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, they will be escorted from the property by the deputy and advised not to return. In the event the goods and chattels are not promptly removed thereafter by the defendant, the plaintiff is authorized to remove the same pursuant to Idaho Code Section 6-316(2).

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.

Exemption Process

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.

Property Tax-Seizures

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.

Citizen’s Report of Property Crime

General Report of Identity Theft/Fraud

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.

Civil Service Fees and Requirements
Eviction Handout
Civil Instruction Sheet
Sheriff’s Sale Requirements
Claim of Exemption

Citizen’s Report of Property Crime
IdentityTheft Form
Walk In Accident Report
Witness Statement
Public Record Request Form

CLICK HERE FOR SHERIFF'S RECORDS REQUEST