Civil Department Information
Civil paperwork can be brought to the Sheriff’s Office at, 5 Placer Loop, Virginia City, or mailed to:
Madison County Sheriff’s Office
Attn: Civil Process
P.O. Box 276
Virginia City, MT 59755
Civil paperwork will not be accepted without a signedPraecipe (letter of instruction) addressed to the Sheriff of Madison County. The Praecipe must include the following:
- Title of documents to be served
- Name of each person or business to be served including a valid physical address or detailed description of location and if applicable, special service instructions
- Requesters signature, mailing address and phone number
The original document and enough service copies for each party served must be provided.
A flat fee of $60 is charged for each original paper being served on each party (regardless if they are served at the same address). Civil process served upon one person as an individual and as an agent for a business is considered two separate services.
Service fees must be paid in advance. Papers will not be served without advanced fee. Sheriff’s fees are as follows:
- Service of summons, subpoena, notice, rule, order etc. on each party or for a return of service for a person not found in the county, $60
- Serving and levying writ of execution or attachment on real or personal property, $100
- Serving writ of possession or assistance, $60
- Posting sale notices (exclusive of cost of publication*), $60
- Sheriff’s sale for personal or real property, $150 (a mileage fee calculated at current state rate may be charged if sale is held outside of Virginia City)
- Cancellation or postponement of sheriff’s sale, $60
*Cost of publication in the local newspaper is subject to their costs and may be billed directly to the individual, agent or attorney requesting the service.
Persons who are unable to pay service fees must submit a "Paupers Affidavit" (obtained through the court) with their paperwork in order to have service made without charge.
For process issued out of Madison County District or Justice Court: The original process and certificate of service will be returned to the issuing court unless it is requested in the Praecipe (PDF) to be returned to the party who sent it. (If the process is returned to the court a copy of the certificate of service will be mailed to the requester.)
Additional information and forms can be obtained from this website at the following Departments:
Access Montana Code Annotated (Title 25 - Civil Procedure) for more details.