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Constable, sheriff or process server: who can do what in Utah?

In Utah, any adult who isn’t part of the case can deliver a summons or subpoena. Court orders that need enforcing, like an eviction or a writ, need an officer, and only a sheriff or constable can carry out a lockout. Here is how the three compare.

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Google review excerpts from Utah clients.

They sent the affidavit promptly and even filed the Return of Service with the court for me.

John Ruth, Google reviewer

If I ever need Summons served again I wouldn’t hesitate for ONE second…

Lynda Poloni, Google reviewer

…they were great at giving me updates and helping me stay informed along the way.

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Paperwork slid across the service counter of a Utah courthouse

Who can serve a summons, complaint or subpoena?

Any adult 18 or older who isn’t a party to the case can serve a summons, complaint or subpoena in Utah (Utah Code 78B-8-302; Utah Rule of Civil Procedure 4). That includes a private process server, a sheriff’s deputy or a constable. The one person who can’t is you, if it’s your own case.

Who can serve court orders and writs?

Orders and writs, such as an order of restitution, a writ of execution or a writ of garnishment, need an officer: a sheriff or deputy sheriff, a constable or deputy constable, another peace officer, a state investigator, or a licensed private investigator (Utah Code 78B-8-302). A process server who isn’t one of these can’t serve them.

Who can carry out an eviction lockout?

Only a sheriff or constable may remove a tenant under an order of restitution (Utah Code 78B-6-812). A landlord, process server or private investigator can’t do the lockout, and a landlord who changes the locks outside the court process is breaking Utah law (Utah Code 78B-6-814). See lockout service.

Who can seize and sell property under a writ?

A sheriff or constable can take, hold and sell personal property, such as a vehicle or equipment, under a writ of execution (Utah Rule of Civil Procedure 64). Writs against land or a house are issued only to the sheriff. Property named in a writ of replevin can be recovered by either.

Can a constable or sheriff arrest someone?

Yes. A sheriff’s deputy is a full law enforcement officer. A constable is a sworn peace officer, called a special function officer, who carries police powers to enforce court orders and can arrest on a warrant (Utah Code 58-91-301). A private process server can’t arrest anyone.

How do cost and speed compare?

Sheriff’s civil units charge set fees and often have a waitlist. Private process servers set their own prices and often add mileage or attempt fees. Wasatch Constables charges flat prices: $69 Standard, $95 Priority, $129 Rush or same day, and $249 Guaranteed, with no mileage or attempt fees in Salt Lake, Utah, Davis and Weber counties. See how Utah providers compare.

Which one should I use?

For a summons, subpoena or divorce papers, use a private process server or a constable. For eviction orders, lockouts and writs, use a constable or the sheriff. A constable’s office does both, so one office can take a case from the first summons to the final lockout. Read more about what a constable is, or call 801-392-9400.

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FAQs

Constable, sheriff and process server questions

Is a constable higher than a sheriff?

Neither outranks the other. They are separate offices: the sheriff is an elected county official, and a constable is an officer a county or city selects and contracts with. For civil papers and court orders, both can serve and enforce, but only the sheriff handles writs against land or a house.

Can a process server do an eviction lockout?

No. In Utah only a sheriff or constable may remove a tenant under an order of restitution (Utah Code 78B-6-812). A process server can serve the eviction summons, but the lockout itself needs one of those two officers.

Is a constable the same as the sheriff?

No. The Salt Lake County Sheriff’s Office has its own civil division that also serves papers and enforces orders. A constable is a separate officer the county selects. Both can carry out evictions and writs on personal property, but only the sheriff handles writs against land or a house.

Can a constable arrest me?

Only on a warrant, and only while working for the city or county that hired them (Utah Code 58-91-301). A constable delivering civil papers is there to hand them to you, not to arrest you over a debt. Ignoring a court order, such as an order to appear, is what can lead a judge to issue a warrant.

A deputy constable handing court papers to a resident at a front door

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