Before delivering the writ of restitution/writ of assistance to the Sheriff, you must first get your bond of indemnification or insurance policy. The bond/insurance policy must indemnify the County of Dane and Sheriff David Mahoney as well as having the correct address and name of the defendant(s). Once you have your bond/insurance policy, 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, time stamped copy of the bond/insurance policy, as well as the Sheriff memo or letter 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 and bring in the other paper work on another day.
The value of the bond/insurance policy must be at least $5,000 for an apartment and at least $10,000 for a house.
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 paper 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 is regarding foreclosure so it's best to contact the deputy sheriff or attorney for the mortgage company for clarification.
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 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, not the Sheriff's Office.
You need to contact your landlord directly for any concerns or questions about your property.
