The Civil staff serves many types of civil papers including Summons, Court Orders, Subpoenas and Writs of Execution. In addition, the Sheriff's Sales are conducted to satisfy liens and judgments. Eviction notices and other miscellaneous papers are also served for landlords and private individuals. A wide variety of papers are served for state agencies such as Worker Compensation, PHHS Child Enforcement, Department of Environmental Quality, the Montana Dept. of Labor and Industry as well as the City of Helena and the Helena School District.
A fee of $65.00 is charged unless the court has directed that the person is indigent and then the papers are served at no charge. State statutes also require the Sheriff to serve many types of papers for state agencies at no charge.
A Civil Secretary, a Deputy Sheriff and a Process Server/Paralegal are assigned to the Civil Office. The Process Server spends approximately 50% of her time serving papers in addition to her other duties. The Civil Section staff work closely with the City Court, county Justice Court and District Courts.
The Civil Section receives over 4,000 papers annually for service. Approximately $37,000 in fees are collected each year and deposited to the county general fund.
Inquiries should be directed to:
Lewis and Clark County Sheriff's Office
Civil Section
406 Fuller AVE.
Helena, MT 59601
406/447-8259
Civil Deputy: Andy Haegele
INSTRUCTIONS(PDF, 113KB)
Please send paperwork to the following address:
Lewis and Clark County Sheriff's Office
ATTN: CIVIL DIVISION
406 Fuller AVE.
Helena, MT 59601
The Lewis & Clark County Sheriff's Office will assist in the countywide service of Civil Papers, Protective Orders, Abandoned Vehicles, Executions, State of Montana Child Support Enforcement Services, Tax collection and tax property sales.
CIVIL SERVICE FEES/FEE SCHEDULE(PDF, 341KB)
THESE FEES MUST BE PAID IN ADVANCE. The Sheriff's Office will not serve any papers unless accompanied by the paid fee in cash, check or money order.
Example: A civil paper to be served upon one person = $65.00
Example: A civil paper to be served upon two individuals (even if they live at the same address) = $130.00
Example: A civil paper to be served upon one person as an individual and that same person as an agent for a certain business is considered two (2) separate services. Total = $130.00
Persons who are unable to pay service fees must submit a PAUPERS AFFIDAVIT/WAIVER in order to have service made without charge. Those papers may be obtained from the Clerk of Court and must be first approved through the Court.
THERE ARE NO REFUNDS FOR RETURNING DOCUMENTS WITHOUT SERVICE AT THE REQUEST OF A PLANTIFF OR PLAINTIFF'S ATTORNEY AFTER THEY HAVE BEEN PROCESSED.
The Lewis & Clark County Sheriff's Office will attempt each service as soon as they possibly can.
For information on impending sheriff's sales or auctions, please contact Process Server Renae Smith at (406) 447-8219.
The Lewis and Clark County Commission added the tax collection function to the Sheriff's Office in December 1995 to deal with the large number of delinquent tax bills on personal property. One deputy is assigned to this function.
A total of 307 tax writs were served in 1996 which resulted in the collection of $196,902.76 in back taxes.
The tax collection process includes several approaches. The individual(s) are first contacted about the delinquency and an effort is made to assist the taxpayer to become current. If these efforts fail, then seizure and sale of property may be the next step. This process may range from seizing bank accounts to vehicles to farm equipment. While the seizure process was begun many times, only two properties actually went to sale in 1996.
The Tax Collection deputy is also responsible for the final handling of vehicles ordered towed by the Sheriff's patrol officers, the court ordered immobilization of vehicles, and the abandoned vehicle program.
Inquiries should be directed to:
Lewis and Clark County Sheriff's Office
Tax Collection
406 Fuller AVE.
Helena, MT 59601
406/447-8257
The deputy sheriff assigned to this function is responsible for three distinct duties:
Warrants
This officer actively works at locating persons named on arrest warrants and bringing them before the court. If the person is believed to be out of this jurisdiction, then the warrants are mailed to another city or county for service. The officer works very closely with the courts in ensuring that all the warrants are valid and correct. When a person is arrested in another county within the state, the warrant officer will travel and return to Helena with the prisoner.
Transportation of Prisoners
Persons sentenced to prison are transported to the state prison in Deer Lodge, the women's prison in Billings or other destinations as ordered by the court. Juveniles who are held in detention facilities are transported to Helena for court appearances and then returned. This officer also participates in the nationwide prison shuttle service.
Extraditions
When a person is arrested in another state on a warrant from this jurisdiction, this officer obtains a governor's warrant and works to return the arrested person to Montana. The deputy may arrange transportation of the arrested person via a private company, federal agency or travel to the location and return the prisoner. Extradition of prisoners from as far away as Alaska and Virginia have occurred in recent years.