Before delivering the Writ of Restitution/Writ of Assistance to the Sheriff, you must first
get your bond of indemnification. The bond must indemnify the County of Dane and Sheriff David Mahoney
and his designees and it must have the correct address and name of the defendant(s). Once you have your bond,
you need to file it with the Dane County Clerk of Courts and get a copy time-stamped. You then need to drop the
original Writ, a time-stamped copy of the bond and the Sheriff memo or letter identifying the location where the
property will be stored at the Dane County Sheriff's Office, Civil Process window. (Copies of the Sheriff memo can
be obtained at the Civil Process window.) This all needs to be done on the same day. You cannot drop the
writ off one day and decide later that you want to be self-bonded.
Instead of becoming self-bonded, you may choose to hire a bonded moving company to remove and store the property
taken from the eviction address. Dane County maintains a list of bonded moving companies. The landlord is responsible
for all associated costs.
The value of the bond must be at least $5,000 for an apartment and at least $10,000 for a house/business.
Once you get your Writ of Restitution, it is valid for 30 days from issuance. During this time, you can drop
it off to the Dane County Sheriff's Office. Please note that it takes us at least 2 days to process the paperwork
prior to posting so plan accordingly. Once the Sheriff's Office posts the notice, you have 10 business days
(has to be within the 30 days) in which to execute it (meaning that is the time
you have to set up a move with the deputy and bonded mover). The Sheriff's Office regularly has moves set up on a
daily basis so please do not wait until the 9th or 10th day to contact the deputy. After posting the Writ, the deputy
will call you to explain the process and when the writ expires.
The writ of assistance concerns foreclosure actions, so it's best to contact the assigned deputy sheriff or
the attorney for the mortgage company for specific questions.
Initial posting fee is $40.00 plus 1 round trip mileage (from Sheriff's Office to property and back)
Forced eviction fee is initial posting fee plus standby fee of $49.78 per hour, per deputy ($99.56/hr for 2)
and mileage for each deputy round trip.
MINIMUM TOTAL COST = $40.00 + STANDBY + MILEAGE X3
If there is a substantial amount of property left behind and the tenant(s) appears
to have vacated, you still need to have a move set up with an eviction deputy and a bonded mover.
(The Sheriff's Office should be there to preserve the peace.) If you are not sure about the amount
of property or if you want to change the locks, you should contact the deputy sheriff that posted
your eviction notice.
You should still go through Dane County Small Claims for your notice or summons and complaint for eviction.
Contact Dane County Small Claims at (608) 266-4311.
There is a courtesy of 24 hours from when the notice is posted but you should contact your landlord
for the exact date and time you need to be removed. The Dane County Sheriff's Office only posts the
eviction notice and then becomes uninvolved unless contacted by the landlord to standby for a scheduled
move, so you should contact your landlord to find out when you need to be out of the residence.
You need to contact your landlord directly for any concerns or questions about your property.
Writs of Replevin and executions against property can be quite involved. Specific questions
should be directed to the Dane County Sheriff’s Office.
Who do I contact for specific questions regarding the status of a Writ of Restitution?
The information contained in this site is for general guidance only and is in no way intended
to be legal advice. As such, it should not be used as a substitute for consultation with an attorney
or other advisor as necessary.
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