How will I be notified of the service?
It depends on the type of documents you are having us serve.
- You are welcome to call and check the status of your service at 208-577-3750 (M-F 8am-5pm). If you have multiple cases for us to check the status of, please submit your request in writing and fax it to 208-577-3759.
- If you have requested us to do a Process Service of non-enforcement documents (summons, subpoenas, etc.), you will receive in the mail an Affidavit of Service and/or Sheriff’s Return explaining the completion of, or attempts made in the service of your documents. It is your responsibility to file the Affidavit and/or Return with the courts.
- If you have requested service of a Writ, you will be mailed a copy of the Sheriff’s Return explaining service completion or attempts and an accounting of funds if a monetary judgment was included. We will file this Return with the courts.
How much does the Ada County Sheriff's Office charge to serve papers?
View our current Fees and Required Documentation here.
What is the interest rate charged on the collection of judgments?
The interest rate is typically determined by your judgment date and is set by the Idaho State Treasurer (Idaho Code 28-22-104). To find your rate, please visit the Idaho State Treasurer’s website or click here.
What is the garnishment process?
The garnishment process is one of the methods used in the collection of Writs of Execution. A Writ of Execution is a court order to the Sheriff to levy on property of a debtor to satisfy a monetary judgment entered by the courts. Anyone who is in possession or control of property or money of a debtor can be served with a Writ of Execution and Garnishment. The Garnishment orders the party in possession to turn over that property to the Sheriff who served the order. Garnishments can be served on financial institutions, employers for wages, or anyone else who possesses or owes the defendant property or money. Wage garnishments are controlled by the Federal Wage Garnishment Guidelines. The maximum amount the Sheriff can levy on each pay period is 25% of the debtor’s disposable earnings.
When will I receive the funds you've collected on a wage garnishment?
It depends on how often and how much is received from the employer. If we are receiving a minimum of $100 bi-weekly from the employer, then on average you would receive from us a check and an Interim Return approximately every two weeks. The Interim Return will give you a summary of the financial activity on the current wage garnishment.
Can there be more than one garnishment served on my employer at the same time?
No, only one garnishment can be in place at one time. If more than one judgment is waiting for garnishment on a debtor’s employer, the Sheriff will hold those garnishments in the order they are received by the Sheriff’s Office. When the first judgment is satisfied, the next garnishment is served to the employer. Garnishments will be held for the life of the Writ (normally 90 days) and will be returned if not served prior to expiration.
What happens if the debtor in a judgment files for relief under federal bankruptcy laws?
Once a bankruptcy is filed, all collection activity against that debtor must be halted under an automatic Stay Order. The Sheriff does not halt collection efforts unless written notification of the bankruptcy is supplied to the Civil Division. The Civil Division verifies the bankruptcy and issues a release of the garnishment or collection efforts to the employer. If a plaintiff is not included as a debtor in the bankruptcy, that plaintiff must seek relief from the bankruptcy court. The plaintiff can then present to the Sheriff that order lifting the stay, and the Civil Division resumes collection efforts in that case.
I just received a garnishment, what do I do with the paperwork?
Fill out the acknowledgment of receipt form and return it to the Sheriff’s Office. Faxes are accepted. The employer must answer the interrogatories (questions) on the garnishment form and return it to the Sheriff’s Office. If there is money owed to the debtor, then the wage garnishment guideline should be followed. Garnished wages are sent to the Sheriff, NOT to the plaintiff.
The debtor is no longer employed, do I have to sign and return the garnishment papers?
Yes. You are required by law to return an answer to the Sheriff. Failure to answer a garnishment could result in a judgment being entered against the employer in favor of the plaintiff.
How often do I have to send in payments?
An employer is required to send in the portion allowed under the federal wage guidelines each pay period. The payment will be made to the Sheriff the same as if the defendant was employed and receiving a paycheck.
Can I move the defendant's property out?
Not until an eviction is completed. Once possession of the premises is restored to you, the landlord or his agents may, subject to any security interests under chapter 9, title 28, Idaho Code, remove and dispose of all remaining property of the tenant, including any motor vehicle that may be removed pursuant to section 49-1806, Idaho Code (See I.C. 6-316). This is a general description, you will need to seek legal counsel for specifics on your case or situation. You can also consult the Landlord Tenant Guidelines and Idaho Code.
Can I change the locks when I kick my roommate out?
No, not until an eviction is completed.
What if the defendants/tenants destroy the property?
You have the same rights as any citizen in the State of Idaho. Under Idaho Code 18-7001, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s marriage, is guilty of a misdemeanor unless the damage exceeds $1000, in which person is guilty of a felony.
Can I serve my own Writ of Restitution?
Yes, you can serve it yourself. If your service is unsuccessful and you choose to request the Sheriff’s Office involvement, you must contact the Sheriff’s Civil Office, Monday – Friday 8am-5pm at (208) 577-3750.