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.
1. 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.
2. 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.
3. The plaintiff or their agent must then follow one of the following options:
Option 1
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.
Option 2
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 3
The Winnebago County Sheriff’s Office shall execute the Writ of Restitution in accordance 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 any size-$25,000)
Note: Any move must be scheduled on a normal business day between the hours of 8:00 am and 4:00 pm.
Fees
$100 -Includes all resident’s postings plus 1 hour for officer stand by time if necessary. Additional officer time would be billed at the officer hourly rate to include wages and benefits.
For more information contact:
Civil Process Clerk
(920) 236-7303
Neenah toll free #:
(920) 727-2888 ext. 7303
