You are here

Civil Process

CIVIL SERVICE GENERAL INFORMATION:

Colorado state law requires that the Sheriff of each county serve civil process of the courts within their jurisdiction. The civil section is responsible for processing and executing all civil papers received by the Sheriff’s Office.

Civil process includes all types of papers resulting from:

  • Civil litigation, court orders
  • Subpoenas, garnishments
  • Seizure of property, sale of real and personal property, writs of execution
  • Writs of restitutions (commonly known as eviction orders)

The Fremont County Sheriff’s Office staff is prohibited from giving you legal advice. You may download instructions and legal forms at www.courts.state.co.us (Self Help /Forms). We cannot assist you in filling out any paperwork or legal documents.

For questions regarding the eviction process, information is available at https://lawhelp.coloradolegalservices.org/ located under housing.

OFFICE HOURS:

Monday - Thursday                           

7:30 am to 12:30 pm

1:00 pm to 4:00 pm

Friday

7:30 am to 1:00 pm

We are closed weekends and most federal holidays.

SERVICE OF PROCESS ON AN INMATE:

The Fremont County Sheriff’s Office serves civil process to inmates at both Department of Corrections/DOC (Canon City, CO) and Federal Bureau of Prisons/FBOP (Florence, CO). When completing the civil information form, please include the offenders/inmate DOC number or Federal Identification Number and the facility where the inmate is housed.

STATE PRISONS: Colorado Department of Corrections/Canon City, CO
Colorado State Penitentiary, Centennial, Arrowhead, Fourmile, Skyline, Fremont and Territorial Correctional

FEDERAL PRISONS: Federal Bureau of Prisons/Florence, CO
Federal Correctional Camp, Federal Correctional Institution, United States Penitentiary, and Admax USP

Please refer to the Fees For Services for cost of service for your type of document.

Only 1 mileage fee is required for service requested on an inmate.

SUBMITTING DOCUMENTS FOR SERVICE:

You may mail or drop off your paperwork at the Fremont County Sheriff’s Office, reception window, during normal business hours. Civil papers are received only at the main Sheriff’s Office building in Canon City.

The party or business to be served must be in Fremont County. After you receive the paperwork from the courts, you will need to provide the following:

  • Civil Process Information Form by downloading the form or obtaining the form at the Sheriff’s Office. Attorneys or businesses can submit a letter with service instructions on company letterhead instead of completing this form (We MUST have a physical address for service)
  • Paperwork required to be served (We utilize our electronic service forms if this is not acceptable for your court; please provide us with your own return of service form with specific instructions).
  • Appropriate Fees must be paid in advance unless a billing account has been set-up. (See Fees For Services for appropriate fees)
  • Self-addressed stamped envelope
  • Notary Please note it is not standard policy to notarize returns of service. If a notarized return of service is required, you need to request this in your instructions for service and include the notary fee with your payment. Notary is usually required for out of state papers. There is a $2.00 notary fee for each return notarized.

*FAXED or EMAILED documents are only accepted if the agency is set up on a billing account. There will be a $.25 fee per printed page.

MAILING ADDRESS:

Mail paperwork and payment to:

Fremont County Sheriff’s Office
Attn: Civil Division
100 Justice Center Road

Canon City, CO 81212

Phone (719) 276-5535
Fax (719) 276-5593

Documents received after 3:00 p.m. may be processed on the next business day.

FEES FOR SERVICE:

All service of process requires a pre-payment in advance. It is recommended to pay for three (3) service attempts, if the party or business is served on the first attempt you will receive a refund for the additional mileage fees.

Our service fee does not include the mileage fee. Mileage is calculated on a roundtrip for each service attempt based on a zone structure (see fee schedule for service and mileage fees).

Types of payments accepted:

  • Cash, money orders, cashier checks,  
  • Attorney checks from an operating account,
  • Checks issued from Government agencies,
  • Local bank checks with a Fremont County printed address (Out of County personal checks will not be accepted and will delay service and be returned).

Please make your checks payable to the “Fremont County Sheriff’s Office”.

If your prepayment exceeds the actual expenses of service and mileage charges by more than $5.00 the Fremont County Finance Office will send you a partial refund within 2 to 4 weeks.  However, if you are due a refund for less than $5.00, due to cost, our County will not process a refund. 

BILLING INFORMATION:

The Fremont County Sheriff’s Office may establish billing accounts for licensed attorneys and licensed collection agencies who have a principal office located in the state of Colorado. The Sheriff’s Office Civil Section may develop standardized procedures for billing the accounts authorized, including the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown.

RETURN OF SERVICE:

Once the party has been successfully served, we will complete the return of service and mail the completed return of service to you or notify you it’s available for you to pick up at the Sheriff’s Office. You will be responsible to file the return of service with the appropriate court.

If we were unable to locate the party to be served we will provide the reasons we could not complete the service (i.e. moved, avoiding). The non-service return will be mailed to you or can be picked up at the Sheriff’s Office in person. It is your responsibility to file the non-service return with the court.

If you require further information regarding civil process or our fee schedule, you may contact the Civil Division at 719-276-5535.

SHERIFF SALE INFORMATION AND FEES: