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 two procedures:

PROCEDURE 1 - Move by the Sheriff's appointed moving company

Contact the Sheriff's Office Civil Process Division for the name and telephone number of the Sheriff's appointed moving company for removal and storage of the defendant's property.

When the moving date and time has been selected, the plaintiff or their agent shall advise the Sheriff's Office of that date and time and request our assistance. The mover will provide an inventory of the property to the Sheriff's Office.

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

NOTE:  No bond of indemnity is required when utilizing this option.

PROCEDURE 2 Self-move and/or self-storage

If the plaintiff or their agent wishes to be responsible for the removal and storage or disposal of the defendant's property, they must follow this procedure per Wisconsin Statutes 799.45(3)(am) and 799.45(4).

The plaintiff or their agent must obtain a Bond or Insurance Policy in the name of the Winnebago County Sheriff, to indemnify the Sheriff and pay the defendant for any damages to the removed property.  Ss 799.45(3)(am)(5)

 

 

The bond/insurance may be purchased from any insurance company. The minimum bond required is based upon the following criteria:

 

1 bedroom apartment$10,000.00
2 bedroom apartment$15,000.00
3 bedroom apartment$20,000.00
4 or more bedroom apartment$25,000.00
home of any size$25,000.00

 

 

If there is any known property of exceptional value,the bond amount is subject to further review.

The plaintiff or their agent will file the bond with the Clerk of Courts Office and shall provide a copy of the bond to the Sheriff's Office prior to the move taking place.  The plaintiff or their agent will then advise the Sheriff's Office Civil Process Clerk of the date and time of the move.  A Sheriff's deputy will be assigned to supervise the move at the advised date and time.

 

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

No later then the day of the move, the plaintiff or their agent shallnotify the Sheriff's Office Civil Process Division of the address of the premises where the defendant's property will be stored.  Ss799.45(3)(am)1

No later then the day of the move, the plaintiff or their agent shall notify the Sheriff's Office Civil Process Division of the name, address and telephone number of the person the defendant may contact to obtain possession of the property.  Ss 799.45(3)(am)2

The plaintiff or their agent shall insure the exercise of ordinary care in removing the property from the premise and in handling and storing all property removed from the premise.  Ss799.45(3)(am)3

A warehouse or receipt (inventory) of the property stored must be issued in the name of the defendant and a copy provided to the Sheriff's Office Civil Process Division within three (3) days of the move.  Ss799.45(3)(am)4

The plaintiff or their agent may impose charges for the removal and storage of the property but the charges may not exceed the following rates that the Sheriff's Office has determined to be the average for such services in this county.  Ss 799.45(3)(am)6 

Average rate for removal and storage:

Moving Expenses

Two Men and a Truck    $78.00 per hour 

Storage Expenses

Small storage unit - under 150 sq. ft.$00.50 per sq. ft.
Medium storage unit - 150 - 300 sq. ft.$00.25 per sq. ft.
Large storage unit - over 300 sq. ft.$00.25 per sq. ft.

*based on 08/01 rates

The plaintiff or their agent shall within three (3) days of the removal and/or storage of the property, notify the defendant by personally serving or by mailing to the defendant's last known address, the charges imposed for the move and/or storage and any receipt required to obtain possession of the property.  Ss799.45(3)(am)7

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

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