Writ of Restitution

The Winnebago County Sheriff's Office procedures conform to Wisconsin Statutes 799.44 and 799.45, Execution of Writ of Restitution, concerning eviction actions. The following procedures will be followed by this office in evicting person(s) upon the authority of a Writ of Restitution.

A Writ of Restitution is valid for 30 days from issuance, but is only valid for 10 days after given to the Sheriff's Office for service.  Upon the Writ of Restitution being delivered to the Sheriff's Office for service, the deputies will personally serve upon the defendant (s) a copy of the Writ of Restitution and a notice for them to vacate the premises within 48 hours of the service date. If personal service cannot be made on the first attempt, the notice to vacate will be affixed to the premises.

If at the end of the 48 hour period the defendant (s) are still on the premises, the plaintiff or their agent should notify the Sheriff's Office that the premises have not been vacated. If the 48 hour period is up on a weekend day or a holiday, then the notification to the Sheriff's Office shall be made on the first regular business day after the weekend or holiday. The plaintiff or their agent must then follow one of the following options:

Option 1

The Winnebago County Sheriff's Office shall execute the Writ of Restitution action in accordance with Wis. Stats. 799.45(1) and 799.45(2)(b). The Plaintiff will use an approved mover and pay all fees associated with that mover if eviction occurs.

Option 2

The Winnebago County Sheriff's Office shall execute the Writ of Restitution with Wis. Stats 799.45(1) and 799.45(2)(b). The plaintiff has secured an appropriate bond of indemnification. (1 bedroom apartment- $10,000, 2 bedroom apt. - $15,000, 3 bedroom apt. - $20,000, Home of and size - $25,000)

Option 3

The Winnebago County Sheriff's Office shall assist plaintiff in the removal or supervision of all personal property described in the Writ of Restitution pursuant to Wis. Stats. 799.45(2)(bg). The plaintiff or plaintiff's agent shall be responsible for the removal and storage or disposal of all personal property found in the premises in accordance with Wis. Stats. 799.45(3m). The plaintiff/plaintiff's agent certifies that the notice requirements of Wis. Stat. 704.05(5) have been met.

Note: Any move must be scheduled on a normal business day between the hours of 8:00 am and 2:00 pm.

Fees
  1. Posting fee of $45.00
  2. Applicable mileage fees for each round trip
  3. Stand by fee of $44.58 per hour with one hour minimum 

The Sheriff's fees for processing the writ and the deputy's time for the move will be billed to the plaintiff separately.

For more information contact:

Linda Moskal - Civil Process Clerk

(920) 236-7303 

Neenah toll free #:

(920) 727-2888 ext. 7303

 

 

 

 

 

 

 

 

 

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Winnebago County Sheriff's Office, Wisconsin

4311 Jackson St
Oshkosh, WI 54901
Oshkosh:(920) 236-7300
Neenah:(920) 727-2888
Fax:(920) 236-7302

Hours

8:00-4:30 Mon. - Fri.

Administration

Phone:(920) 236-7330

Detectives

Phone: (920) 236-7300

Drug Enforcement

Phone: (920) 751-6943

Emergencies

Call 911

Jail

Oshkosh:(920) 236-7380
Neenah:(920) 727-2888

Jail Huber Officer

Phone: (920) 232-1900

MEG Unit

Toll Free:(800) 858-3784

Non Emergencies

Oshkosh:(920) 236-7300
Neenah:(920) 727-2888

Process

Phone: (920) 236-7303

Records/Reports

Phone: (920) 236-7301

Traffic/Citations

Phone: (920) 236-7305

Training

Phone: (920) 236-7335

Warrants

Phone: (920) 236-7304

Work Release

Call:(920) 232-1900
Fax:(920) 424-7797