Civil Process Fees

RESOLUTION  NO. 1415

AT A MEETING OF THE BOARD OF ADA COUNTY COMMISSIONER, STATE OF IDAHO, ON THE 22ND DAY OF AUGUST, 2006, THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED, TO-WIT:

Whereas, Idaho Code 31-3203, Sheriff's Fees, has been amended to permit the board of county commissioners of each county to set sheriff's fees by resolution; and

Whereas, such fees shall be in an amount reasonably related to but not exceeding the actual costs of such services; and

Whereas, the Ada County Sheriff has reviewed and analyzed the actual cost of service of process and determined that the following fees should be revised to more accurately reflect but not exceed the actual costs of serving and processing legal documents:


1. For serving summons and complaint, or any other process by which an action or proceeding is commenced, on each defendant. $55
2. For serving every notice, rule or order. $55
3. For serving a subpoena in a criminal action or proceeding, for each witness summoned. $55
4. For serving a Writ of Execution where a levy is not made on property. $55
5. For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property. $115
6. For serving of garnishments when service is allowed by mail pursuant to Idaho Law. $55
7. For serving of garnishments by personal service when an acknowledgement was not received by the Sheriff on a mailed serivce. $55
8. For serving a writ of possession or restitution, putting a person in possession of premises when occupant voluntairly removes themselves. $115
9. If occupants do not voluntarily remove themselves and the sheriff is required to forcibly remove subjects and levy of goods and chattels, then an additional fee will be charged. $200
10. For processing Writs of Foreclosure or Orders of Sales on Real Property. Fee will be charged whether sale is finished or cancelled. $215
11. For copy of and making a return on any document to show disbursement of monies held by the Sheriff. (This amount has already been added into each of the above charges) $15
12. For executing a certificate of sale, exclusive of the filing and recording of same. $10

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 statute, including, but not limited to, Idaho Code 31-3217.

BE IT THEREFORE RESOLVED that the fees as provided above shall be effective October 1, 2006.

APPROVED AND ADOPTED this 22nd day of August, 2006.

Board of Ada County Commissioners