All civil papers must be processed by the Justice Services Division or by a constable prior to service. Fees are collected and civil rules of services are followed. The resources of law enforcement should not be burdened to take the time and make the effort to satisfy a civil issue between two parties. This is why the state allows for fees to be collected for civil process service.
Papers to be served by the Davis County Sheriff’s Office can be placed in the server’s box (Layton or Bountiful Court) or by mail, with payment in advance. Payment must include three mileages and the paper fee. Once papers are in the server’s box call us at 801-451-4103 to notify us you have placed the papers for service. It is also your responsibility to track the progress of the service. The court cannot make any recommendation as to process servers.
SMALL CLAIMS: Service of Small Claims actions must be done by a Sheriff, Constable or Processing Service (Utah Rule 3 of Small Claims Procedure). Defendants must be served 30 days prior to the hearing.
CIVIL SUITS: Service of Civil Complaint & Summons may be done by anyone over the age of 18 years and not a party of the action. The service must be done correctly and Return of Service completed, notarized, and brought to the court within 10 days of the service (URCP rule 4, Process).
If the process is done incorrectly your case will not go forward therefore: WE STRONGLY SUGGEST THAT YOU UTILIZE THE SERVICES OF A PROFESSIONAL.
Supplemental Orders, Orders to show Cause, and garnishments are to be served by a Sheriff, Constable or any state authorized investigator.
Bench Warrants, Orders of Restitution and Writs of Execution can be served by the Sheriff or Constable. Private Process Servers MAY NOT serve any form of process other than complaints, summonses and subpoenas.
All servers charge fees according to the Utah State Code. Currently the fee is $20 per service for Garnishment, Order to Show Cause, Subpoena, Summons, Complaint & Petition, Motion & Order, and Small Claims. $50.00 for Writ/Order of Restitution, Writ of Replevin, Attachment, Bench Warrants, plus $2.50 per mile, one way, from the court house to the address given. (Mileage is charged for three service attempts plus the service fee.) Writ of Execution for Real Property is $500 deposit and Personal Property is $250 deposit.
