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, DPHHS Child Enforcement, Department of Environmental Quality, the Montana Department of Labor and Industry as well as the City of Helena and the Helena School District.
A fee will be 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.
The Division is staffed by Deputy Sheriffs, a Civil Secretary and a Process Server/Paralegal. The Process Server spends approximately 50% of their time serving papers in addition to their other duties. The Civil Division staff work closely with the City Court, County Justice Court and District Courts.
The Civil Division often 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 Division
406 Fuller Ave.
Helena, MT 59601
406/447-8259
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 PLAINTIFF 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