Writ of Restitution

Writ of Restitution

The Winnebago County Sheriff's Office follows procedures for eviction actions in accordance with Wisconsin Statutes 799.44 and 799.45.

A Writ of Restitution is:

• Valid for 30 days from the date of issuance.
• Valid for only 10 days after being submitted to the Sheriff's Office for service.

Step-by-Step Eviction Process

1. Service of Writ
   Upon receipt, deputies will attempt personal service of the Writ and a 48-hour notice to vacate to the defendant(s).
   • If personal service is unsuccessful on the first attempt, the notice will be posted at the premises.
2. Post-Notice Action
   If the defendant(s) remain after 48 hours, the plaintiff or their agent must notify the Sheriff's Office.
   • If the 48-hour period ends on a weekend or holiday, notification must be made on the next business day.

3. Eviction Options
   The plaintiff or agent must choose one of the following three options:

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   Option 1: Plaintiff-Manages Property

   • Deputies assist in supervising the removal of all personal property.
   • Plaintiff/agent is responsible for removal, storage, or disposal of items as required by Wis. Stat. 799.45(3m).
   • Plaintiff must certify that notice requirements under Wis. Stat. 704.05(5) have been met.

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   Option 2: Approved Mover

   • Deputies execute the writ as authorized by Wis. Stats. 799.45(1) and 799.45(2)(b).
   • Plaintiff must use an approved mover and pay any associated moving costs.

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   Option 3: Bond of Indemnification

   • Deputies execute the writ as authorized by Wis. Stats. 799.45(1) and 799.45(2)(b).
   • Plaintiff must obtain a bond of indemnification in the following amounts:
     • 1-bedroom apartment: $10,000
     • 2-bedroom apartment: $15,000
     • 3-bedroom apartment: $20,000
     • Single-family home: $25,000

Note: Evictions must be scheduled during regular business hours, Monday–Friday, 8:00 a.m. – 4:00 p.m.

Fees

• $100 base fee
  Includes service to all residents and up to 1 hour of deputy stand-by time.
• Additional charges
  Any time beyond the first hour will be billed at the deputy’s hourly rate, including wages and benefits.

Contact Information

Civil Process Clerk
Phone: (920) 236-7303
Toll-Free (Neenah): (920) 727-2888 ext. 7303