Civil Process Unit

The Civil Process Unit serves thousands of civil papers throughout Salt Lake County.

State law requires the UPD to serve civil papers relating to judicial actions such as protective orders, judgments, garnishments, summons, writs, and subpoenas. A dangerous job, officers have been seriously injured while serving civil papers to unwilling litigants or suspects involved in domestic violence cases; therefore, we use only experienced, well-trained officers in this unit. In 2007 Civil Process Unit officers received 9,787 civil papers needing service.

General Questions

Ex Parte', Protective Orders, and Stalking Injunctions can be served by any law enforcement officer at any time.

All civil process papers requiring service must be processed through the Civil Division if a citizen wants the Unified Police Department to execute the service. A constable may also serve most civil processes.

How To Serve Papers

Bring or mail the needed papers and related fees to the Civil Division at the Unified Police Department Building, located at 3365 South 900 West in South Salt Lake City, Utah. The fees are determined by the type of process being requested and the mileage traveled to serve the papers. These fees can be calculated by calling the Civil Division office, 385.468.9758.

See Fees for further information.

What Information is Needed to Serve a Paper for Officers:

All civil papers must be processed by the Civil Division or by a constable's office prior to service. Fees are collected and civil rules of services are followed. A citizen, including attorneys requesting assistance in the service of such orders should be referred to the Unified Police Department or, if they choose, any of the constable's offices. The resources of law enforcement should not be burdened to take the time and make the efforts to satisfy a civil issue between two parties. This is why the state allows for fees to be collected for civil process service.

Ex Parte' Protective Orders, Permanent Protective Orders, and Civil Stalking Injunctions, for the purpose of service, are NOT civil papers and MUST be served by ANY law enforcement officer upon the request of a petitioner.

Unlike the criminal trial in which the focus is processing the accused, a civil case focuses on the damage done to the victim and on compensating him or her for physical, emotional, and financial losses. A civil action can obtain compensation to pay for medical expenses, counseling, lost earnings and earning capacity, and pain and suffering.Sometimes civil actions can be an option when a case is not viable for criminal prosecution because a civil case requires a less rigorous standard of proof. Only civil cases can be pursued against third parties whose actions or inactions may have contributed to a crime. And only civil cases can be undertaken for family members of crime victims.

To check on the status of the process being served call the Civil Division of the Unified Police Department- 385.468.9758. If you have the docket number assigned to your case and issued by the Unified Police Department, it will speed up locating the paper you are inquiring about. If you only have the name of the person needing to be served, it does take several minutes for the computer to locate a process by the name, but it can be done. If you have new information on where to locate the person requiring service, please call the Civil Office or the officer that has been assigned the paper.

Utah State Statute allows for the Unified Police Department to receive fees for process services. The amounts are governed by code. 17-22-2.5, UCA. The amount charged is determined by the type of process plus mileage. There are deposits required for certain types of services. Refunds are issued if service is not completed or the deposit is more than required once service is rendered.

Fee Amounts

For exact amounts contact the Civil Division at 385.468.9758.

General Service Fees

General Service Fees $20.00

Includes the service of:

  • Garnishment
  • Garnishee Execution Notice*
  • Order
  • Other process by which an action is commenced
  • Subpoena
  • Summons
  • Summons and Complaint
  • Sheriff's Deed

Service of Writs, Orders, Attachments & Executions

Service of Writs, Orders, Attachments & Executions $50.00

Includes the service of:

  • Attachment on Personal Property
  • Executing an order of arrest
  • Executing an order for the delivery of personal property
  • Writ of Assistance
  • Writ of Possession
  • Writ of Replevin
  • Writ of Restitution

Mileage Fees

Mileage Fees $2.50 per mile

Includes the service of:

  • Miles traveled one way for service (calculated from courthouse)
  • Miles traveled one way for service for two additional attempts (calculated from courthouse)
  • Miles traveled to transport a Civil Prisoner from place of arrest to the jail
  • Miles traveled to transport a Civil Prisoner from place of arrest to the magistrate (if not taken to jail)
  • Miles traveled to transport a Civil Prisoner from the jail to court
  • Miles traveled to deliver an insane person to the Utah State Hospital from the courthouse

Miscellaneous Process and Maintenance Fees

Includes the service of:

  • Notary Fees $5.00
  • Copies demanded or required by law $0.50/page

Commissions

Commissions or receiving and paying over money on execution or other process 2%. When the amount is less than $1,000 (minimum of $1.00) 1.5%......On the remaining balance

Deposits Required by the Unified Police Department

Includes:

  • Real Estate: Executions and Order of Sale $600.00
  • Real Estate: Attachment $200.00
  • Personal Property: Executions and Order of Sale $400.00

* Includes all serving of Writ, posting notices of sale, publication, recordings, certificates of sale. Fees will be billed or reimbursed for any difference.

Prisoner Handling Fees

Cases involving person booked in jail on Civil Bench Warrants require special fees be paid to house the prisoner in addition to the routine process and mileage fees, (17-22-10, UCA). The housing fees are calculated on the current cost to house a prisoner for three days.

This must be paid with a bank draft or cashiers check made payable to the Salt Lake County Sheriff's Office, no personal checks or money orders are accepted. It must be separate from the fees charged for processing, so it can be delivered with the prisoner to the jail.

Jail housing fees are subject to costs. Contact the Civil Unit 385.468.9758 to calculate current fee.

Fees for delivering an insane person to the Utah State Hospital, when the cost of delivery is payable by private individuals, the Sheriff may charge the actual and necessary cost of any required assistance. (17-22-2.5 (5)(b), UCA) in addition to the mileage.

Constables are paid by a citizen or an attorney to serve the processes they have. The Unified Police Department has no legal authority to serve or be present at the time of service of those orders. Officers may stabilize the situation if a breech of peace has occurred involving a constable. The case should be handled as any "keep the peace" call.The Unified Police Department outlines directions for officers to refer to regarding requests for assistance from a constable. (Law Enforcement Operations Manual #474)

Property disputes, like the repossession of a vehicle and a disagreement over a contract, is also a civil matter. Law Enforcement will only maintain order and keep the peace at incidents of this type.

The Unified Police Department Law Enforcement Bureau Operation Manual outlines the directions an officer should take. This policy is titled repossessions and primarily deals with the repossession of vehicles but includes how to deal with the repossession of any other property. (Repossession #474)

Repossession or retaking of property without a Court Order:

A person attempting to repossess or retake property, without a court order, will be advised if the owner refuses to surrender the property peaceably, the person attempting the repossession must retreat and secure the appropriate court order.

Repossession or retaking of property with a Court Order:

A person attempting to repossess or retake property, with a court order, will be advised to contact the Civil Division of the Unified Police Department at 385.468.9758. The court order cannot be served until it is processed and the service fees are paid. This includes, but is not limited to, such orders as: Writ of Replevin, Writ of Execution, Writ of Attachment, and/or Writ of Assistance.

See How to Get a Paper Served

The dispute over property may also be resolved in Small Claims Court.

Small Claims Court:

A small claims department of the District Court is designated to settle legal issues and problems arising from contractual or service disputes or other claims which do not exceed the sum of $5,000. A small claims court allows an individual or business to be compensated by a party who has not performed according to an agreement or who had committed some wrongdoing. Small claims are also handled in city and county Justice Courts where the same rules apply.

The Utah State online court assistant program gives detailed information that answers frequently asked questions, has an index of small claims resources, and links to the appropriate forms needed to file a small claims.

See www.utcourts.gov/howto/smallclaims/

Disputes that arise from a failed agreement or contract entered into by two persons that do not meet the elements of criminal fraud, is usually a civil matter. Therefore, the primary concern of Law Enforcement is to maintain order and keep the peace at any dispute resulting from a failed agreement. The disputing parties should be referred to their own attorney or to a Small Claims Court.

Small Claims Court

A small claims department of the District Court is designated to settle legal issues and problems arising from contractual or service disputes or other claims which do not exceed the sum of $5,000. A small claims court allows an individual or business to be compensated by a party who has not performed according to an agreement or who had committed some wrongdoing. Small claims are also handled in city and county Justice Courts where the same rules apply.

The Utah State online court assistance program gives detailed information that answers frequently asked questions, has an index of small claims resources, and links to the appropriate forms needed to file a small claims.

See http://www.utcourts.gov/howto/smallclaims/

How to Obtain an Attorney

The online court assistant program has a link to the Utah State Bar Lawyer Referral Service. See any of the following:
http://www.utcourts.gov http://www.utahbar.org/html/find_a_lawyer.html

Legal service of civil papers depends upon the type of process and is outlined in the Utah Rules of Civil Procedures. The most commonly served paper are described below:

Small Claims Order:

The order must be served 30 calendar days before the trial date. The state's court help web site has additional information.

See: Small Claims Court for further information.

Ex Parte', Protective Orders, Stalking Injunctions

These orders can be served up to the time of the court hearing. Documentation of service may not get back to the court prior to the hearing. Documentation should be on the statewide warrants system.

See How to Serve for further information.

Eviction Notices

Including:

  • Three Day alternative Notice
  • Three Day Nuisance Notice
  • Fifteen Day Notice
  • Notice to Comply or Quit
  • 3 Day Summons
  • Writ of Restitution

These processes are generally served upon preparation and/or receipt. The time constraints apply to a defendant responding to this order. The state's court help website has additional information.

See: Landlord/Tenant Issues for further information.

It is important to remember it takes approximately 10 working days to process a return of service and return it to the court of record or the plaintiff so they are aware of the service. If a plaintiff or the court has not received proof of service at the time of the hearing, it can hinder the procedure. Please allow four to five weeks for service and return to be made.

See: Procedures for Service of Papers for further information.

The repossession of a vehicle is a civil matter. Law Enforcement will only maintain order and keep the peace at such an incident. Unified Police Department Policy LEB Operations Manual #474 outlines the directions an officer should take.

Repossession without a Court Order:

A person attempting to repossess a vehicle, without court order, will be advised if the owner refuses to surrender the vehicle peaceably, the person attempting the repossession must retreat and secure the appropriate court order. (Operation's Manual #474).

Repossession with a Court Order:

A person attempting to repossess a vehicle, with a court order, will be advised to contact the Civil Division of the Unified Police Department at (385)468-9758. The court order cannot be served until it is processed and the service fees are paid. This includes, but is not limited to such orders as: Writ of Replevin, Writ of Execution, Writ of Attachment, and/or Writ of Assistance.

See How to Get A Paper Served

Civil Process

Captain Jon Fassett

Contacts

  • 385.468.9758
  • 385.468.9736
  • Unified Police Department
    3365 South 900 West
    Salt Lake City, Utah 84119

Business Hours

  • Monday-Friday: 8am to 4:45pm
  • Saturday: Closed
  • Sunday: Closed
  • Holidays: Closed

Child Custody

Click here to learn about child custody issues.

Domestic Disputes

Click here to learn about domestic dispute issues

Ex Parte and Protective Orders

Click here to learn about Ex Parte and Protective Orders

Landlord and Tenant Issues

Click here to learn about Landlord and Tenannt Issues