The Civil Unit of the Cache County Sheriff’s Office is dedicated to the service of civil and some criminal process papers. Enforcement and management of civil law cases is unique to Sheriffs Offices and is a major responsibility as well as a major liability of the Sheriff.
The Civil Unit provides timely service of all process brought to the Sheriff's Office as well as executing court orders relative to civil litigation. Criminal process, including bench warrants, summons, and orders are served by this unit. Additionally, this unit takes possession of property pursuant to court orders, conducts Sheriff Sales, and generally serves as the enforcement arm for the civil courts. It is notable that the average civil paper brought to this office will be processed and returned, on the average, within two days of arrival--a record of efficiency matched by no other agency of our size in the state.
Note: Cache County Sheriff's Office does not accept personal checks. For payment we do accept cash and credit/debit card (Visa, Mastercard and Discover). When using a credit/debit card, an additional fee for processing the charge will apply. The credit/debit card fee is $1.50 for charges up to $60 and 2.5% for charges over $60.
Which areas are served by the Cache County Sheriff's Office?
The following communities are served by the Cache County Sheriff’s Office. We are unable to serve out of Cache County or the State of Utah.
- Amalga
- Avon
- Benson
- Cache County Unincorporated
- Cache Junction
- Clarkston
- College Ward
- Cornish
- Cove
- Hyde Park
- Hyrum
- Lewiston
- Logan
- Mendon
- Millville
- Mt. Sterling
- Newton
- Nibley
- North Logan
- Paradise
- Petersboro
- Providence
- Richmond
- River Heights
- Smithfield
- Trenton
- Wellsville
- Young Ward
What papers are served by the Sheriff’s Office?
The Sheriff's Office can serve any type of legal paperwork. Some papers must be served by the Sheriff’s Office. Some of the more common types include:
- Civil Bench Warrant
- Garnishment
- Letter
- Notice
- Orders to Show Cause
- Petition
- Property Execution
- Protective Order
- Order of Restitution
- Small Claim Order
- Stalking Injunction
- Summons
- Summons and Complaint
- Subpoena
- Writ of Restitution
If you have questions concerning any of these papers or which paper to use for your situation, you will need to contact an attorney.
What is the cost of paper service?
Other than Protective Orders and Stalking Injunctions, the Sheriff’s Office does charge to serve papers. A flat fee is charged for the paper service plus an amount for mileage. If extra attempts are needed, up to two additional mileage charges may be charged.
Example 1: If a small claims paper is to be served in Logan and the Deputy discovers during that service attempt that the person has moved to North Logan and the Deputy is able to serve it in North Logan on the first attempt, then the following charges would apply:
Attempted service Logan mileage charge $2.50
Paper service $20.00
Mileage Charge North Logan $7.50
Example 2: If a Summons and Complaint is to be served in Cornish and we call the person and they want to meet us at the Sheriff’s Office and we serve them there, then the following charges would apply:
Paper service $20.00
Mileage Charge to Logan $2.50
To look at the fee schedule for each city click here: Paper Fee Schedule
Note: Cache County Sheriff's Office does not accept personal checks. For payment we do accept cash and credit/debit card (Visa, Mastercard and Discover). When using a credit/debit card, an additional fee for processing the charge will apply. The credit/debit card fee is $1.50 for charges up to $60 and 2.5% for charges over $60.
How do I submit a paper to the Sheriff’s Office?
Paperwork is available at the courts. We do not have the forms at the Sheriff’s Office.
You may submit papers to the Sheriff’s Office by following the steps below:
- Processing the paperwork by the courts. This may include having a Judges signature, court dates, or any additional paperwork from the court.
- Delivering the paperwork to the Civil Unit located on the second floor of the Cache County Sheriff’s Office or mailing the paperwork to the Cache County Sheriff’s Office. Please mark the envelope Attention Civil.
- Submitting the correct fee.
- Supplying contact information for respondent.
Minimum Contact Information Includes:
- Name
- Birth date
- Address
- Service address
Other helpful information includes:
- Social Security Number
- Place of employment
- Hours of employment
- Phone numbers
- Spouses name
- Supply contact information for plaintiff including
How long does it take to serve a paper?
The average paper service for the Cache County Sheriff's Office is under 2 days. This being said, some papers are served faster and some can take longer. The better and more information provided will help reduce the time to find and serve the person. This will help keep the cost to a minimum.
You will also want to make sure that you leave time for finding the person, serving the paper, the return of service, and the amount of time that the statutes state it must be served prior to the court date. This information may be found by contacting the court or an attorney.
How will I know when the paper has been served?
After the paper is served, a return of service will be mailed to you. This return of service will give you information on when and where the defendant/respondent was served. If you need a return of service sent to the court, please make sure that we have the information to complete this.
The Cache County Sheriff’s Office understands that landlord and tenant issues are complex and emotionally charged. Law enforcement and the support staff at the Sheriff’s Office are not attorneys and are unable to provide legal advice on your situation. To receive legal advice, please contact an attorney of your choice. We provide the following information as reference and information only. Utah Legal Services provides useful information for anyone who is involved in the renting process. The link to this resource is:
Utah Legal Services
Disclaimer: The law is constantly changing and there may a time when this information becomes outdated. The following is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.
Evictions in Utah are available to any landlord who wants to evict a tenant, so long as the landlord follows Utah law carefully. Landlords who choose to act outside of the law to try to evict their tenants themselves may be liable to the tenant for damages. The eviction process is relatively simple and it is very important that the parties adhere strictly to it. To recover possession of real property, a landlord must proceed according to Utah Code 78B-6-801 through 816.
To help you navigate through the eviction process, visit www.utcourts.gov/howto/landlord. The following summary is taken from that website.
How Do I Evict a Tenant?
The eviction process in Utah is as follows:
- The landlord must serve an eviction notice by delivering to the tenant a "Notice to Quit." The type of "Notice to Quit" and how much notice (time) is required is determined by the tenant's status (i.e., a tenant at will or a tenant under lease).
- If the notice is not obeyed, the landlord must file a court action, called a Summons and Complaint for “Unlawful Detainer” (eviction), which allows the tenant to present defenses in court. The Summons and Complaint must be served on the tenant by a constable, deputy sheriff, or a person over the age of 18 years who is not a party to the action.
- If the judge rules for the landlord, the judge will enter an “Order of Restitution” for the tenant's eviction by a sheriff.
- A landlord must follow the law closely in order to evict a tenant. A notice must say exactly the right thing, and must be served on the tenant in the right way. If the landlord makes a mistake, a tenant may be able to get the case dismissed.
How Do I Respond to an Eviction?
If your landlord tries to evict you for a good reason, the fact that you have a baby, are pregnant, just lost your job, or have nowhere to go will not prevent a judge from evicting you. Also, if you stay after receiving an eviction notice, you could be liable for three times the daily rent for the days you stay there after the notice expires. Here are some general tips:
- An eviction begins with the service of a summons and complaint. The summons notifies tenants that they are being sued and that, to protect their rights, they should "answer" (reply) within a specified period. The complaint explains the lawsuit and tells the landlord's side of the story.
- You may wish to contact a lawyer in order to answer the summons. If you do not answer the summons, you will lose the right to explain your version of events, and a judge may issue a default judgment in favor of the landlord.
- If you must prepare the answer yourself, respond paragraph by paragraph to each statement in the complaint, saying whether or not you agree with it. Next, make two copies of your answer. Give the original to the court at the address listed at the top of the complaint, send a copy to the landlord or the landlord's attorney, and keep a copy for yourself.
The forms used during legal proceedings are provided online by the Utah Courts system. The Sheriff’s Office does not supply or have the forms to help you during any legal proceedings. This court website allows you to use their Self-Help Resource that provides forms and steps to deal with landlord and tenant issues such as evictions. You may complete the documents required to initiate or respond to an eviction by using the UTAH Online Court Assistance Program at www.utcourts.gov.
The Cache County Sheriff’s Office Civil Unit helps during the process of evictions by serving the paperwork and following the court’s orders. This service is provided to the public for a fee that can be found on the Civil Unit’s fee schedule on this website at the following link:
Civil Process Fees.pdf
What is a protective order? Generally, people who ask this question are asking about a group of papers that are considered “Orders of Protection.” This group includes stalking injunctions, protective orders, and child protective orders. Any of the forms for these “Orders of Protection” are available on-line through the courts at http://www.utcourts.gov/ocap.
To better understand what "Orders of Protection" are, we should first look at a few definitions.
Petitioner: The person or persons requesting the order on behalf of others or themselves.
Respondent: The person that is to respond to and follow the orders of the court.
Ex-parte: Temporary orders from the courts that are based only on a verified petition from the petitioner. Usually last for a certain time period or until a scheduled hearing date.
Restraining orders: These orders are sometimes confused as orders to protect persons, but are actually to restrain people from disposing of and/or destroying property.
Stalking injunctions: Anyone that believes he or she is a victim of stalking may apply for an ex-parte stalking injunction. These are temporary orders based only on the petitioners side of the events. These orders can restrain the respondent from going to certain locations, contacting and/or communicating with the petitioner, or any other relief that the court feels is necessary. The respondent has 10 days to request a hearing. If this is not done, the ex-parte stalking injunction automatically converts to a civil stalking injunction. Violators of either ex-parte or stalking injunctions orders can be charged with violations between “A” misdemeanors and second degree felonies depending on the frequency and/or weapons used.
Protective orders: This order is for cohabitants that have been subjected to or have a substantial likelihood of being subject to abuse or domestic violence. This order can be issued on the respondent without prior notice by means of the courts issuing an ex-parte protective order. These orders may include orders to stay away from certain locations, people, and weapons; they also specify who is in control of what property. At the hearing the Judge may cancel or make changes to this order. Then the Judge may continue the ex-parte order or make it permanent. If continued, a new hearing / court date will be issued. Violators of Protective orders are generally charged with “A” misdemeanors. The charges then increase by one degree for each subsequent offense.
Child protective orders: These are very similar to Protective orders but are issued on behalf of someone that is a child after a mandatory contact with DCFS. These orders can be petitioned for by any interested person in behalf of a child that is being abused or is in imminent danger of being abused. This order can be issued on the respondent without prior notice by means of the courts issuing an ex-parte protective order. These orders may include orders to stay away from certain locations, people, and weapons and also specify who is in control of what property. The judge may appoint an attorney guardian ad litem for the child to serve the best interest of the child.
You can see that the Justice System takes orders of protection very serious since they are willing to issue orders after only hearing the petitioner’s side of the story. This is why court hearings are able to be requested or are given at the time of service. There is no cost from the court or the Sheriff’s Office for processing and serving these papers. As with any paper that the Civil Unit serves, they may appear to be routine. In fact, some of these orders are simple and compel individuals to not abuse, contact, or threaten. This can quickly change to violent and dangerous because of the high emotions that are invoked within some people and the variety of orders that the court can stipulate. More time consuming orders can divide property, remove children from parents, and remove individuals from their homes or work.
In the Civil Unit and throughout the Cache County Sheriff’s Office, we are very sincere in expediting the service of these orders. The Deputies of the Sheriff’s Office as a whole help to facilitate these orders by serving them any time of the night or day so that the petitioner can receive the protection and rights afforded them through these orders.
Small claims court offers ordinary people the chance to resolve small disputes at a low cost and without a lot of complication. With a little education, you can represent yourself from start to finish in small claims court. Any individual or business may use small claims court, if the problem can be settled for 10,000 or less, and if the court has jurisdiction over the matter. Examples of cases which are appropriate for filing in the small claims court include:
- Breach of a written or oral contract.
- Return of money used as a down payment.
- Property damage caused by a motor vehicle accident.
- Damage to or loss of property.
- Consumer complaints for defective merchandise or faulty workmanship.
- Payment for work performed.
- Claims based on bad checks.
- Claims for back rent.
- Return of a tenant's security deposit.
All these cases represent problems that need to be resolved, but may not be significant enough to retain an attorney or to bear the expense of a full-fledged court case. The Small Claims Court offers a place for persons with such grievances to solve their own problems. Small Claims actions are governed by the Utah Code and the Rules of Small Claims Procedure. The Small Claims Court is designated to settle monetary legal issues and problems arising from contractual, service disputes and other claims. The current maximum amount you may sue for in a small claims action is $10,000. Small Claims court is less formal and you do not need an attorney to represent you. 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.
How to File and Prepare for Court
1) Determine where to file. Before you can bring a suit in Small Claims Court, it must be determined that the court has jurisdiction over your type of legal problem, and that it has jurisdiction over the party you are suing. A case must be filed where the defendant resides or the claim arose (where the events happened). If there is no municipal or county justice court, file the case in the district court. Cache County is the only county that does not have a county justice court, so filing in district court should occur only in cases from unincorporated Cache County. All required forms needed to file a small claims can be found at: http://www.utcourts.gov/howto/smallclaims/
2) Utah Rule of Small Claims Procedure 3 governs how to serve a small claims Affidavit and Summons. After the court clerk has scheduled a trial, the Affidavit and Summons must be served on the defendant by one of the following methods at least 30 days before the trial date:
a) Mail a copy of the Affidavit and Summons to the defendant by any method that requires the defendant to acknowledge receipt with a signature. (Examples are registered or certified mail with return receipt signed by addressee only or a commercial courier service that will return a receipt signed by the addressee only.) The date of service is the date the defendant signs the receipt. Note that this method of service is effective only if the defendant is willing to sign the receipt. If not, the plaintiff must deliver the Affidavit and Summons to a professional process server under (b). ---OR---
b) Deliver the Affidavit and summons to one of the officials authorized by Utah Code Section 78B-8-302 Subsections (2) or (3), who will serve it on the defendant and file a Proof of Service with the court. The Cache County Sheriff’s Office Civil Unit is able to assist you with your service.
3) It is suggested that you observe a session in the Small Claims Court before your trial date. By doing so, you will be more at ease at your trial and will present a more relaxed and calm evaluation of your case. You will also become more familiar with the procedures of the Court. Small Claims Court is held every Monday morning at the Logan City Justice Court, located at 446 North 100 West, starting at 9:00 am.
4) Compile pertinent information that applies to your case. This information may include canceled checks, purchase orders, written contracts and other evidence.
5) Bring a disinterested party. If your claim deals with the adequacy of a service, or workmanship, or some other issue where the opinion of a disinterested party who is knowledgeable and or is an expert about the subject may be available, he/she should appear in person at the trial on your behalf.
6) Tell your story. When you get to court and it is your turn to speak, simply state what your claim is. The plaintiff (the person who filed the claim) will tell his/her side of the story to the judge and present any witnesses or documents to support the claim. The defendant (the person the claim is filed against) will do the same.
7) A "Small Claims Basics" class is available on Utah State Courts' YouTube channel or on DVD. Topics include the small claims process, Rules of Small Claims Procedure, small claims forms, and an overview of appealing a small claims case. The instructor is Tim Shea.