Evictions / Executions


Dane County Sheriff’s Office Writ of Restitution (Eviction) Procedure

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.

Pursuant to Sec. 799.45, Wis. Stats., a plaintiff in an eviction action may remove a tenant and dispose of a tenant’s property using the procedure outlined below.

1) Obtain a valid Writ of Restitution from Dane County Circuit Court. At the time of the eviction judgment the court shall order that a Writ of Restitution be issued.

  • Landlords are responsible for making sure that all the information contained in the Writ is correct so review the Writ before leaving the Clerk of Courts.
  • Make sure the writ contains the following: correct court case number, correct spelling of plaintiff and defendant names, complete address to be vacated (including apartment number), signature of court official, date, and red Clerk of Court seal

2) A Writ of Restitution is only valid for a limited time.

  • The Writ of Restitution is valid for 30 calendar days and must be delivered to the Sheriff’s Office within that time.
  • The Sheriff must act within 10 business days after receiving the Writ.

3) Decide which type of eviction you want to do before delivering the Writ to the Sheriff. You must either be self-bonded or a bonded mover must be used.

4) Forced evictions are done Monday thru Friday and usually start at 8:00 a.m. and are done on a first-come, first-serve basis, so plan ahead. Deputies will provide the landlord with an eviction date upon request. It is the landlord’s responsibility to hire the mover and pay for the mover. The Sheriff’s Office is not affiliated with any mover and we cannot make recommendations for any particular mover.

5) BONDED MOVERS: Deliver Writ to the Sheriff’s Office. The Plaintiff is responsible for all expenses associated with using bonded movers. The following Bonded Movers have met the criteria set forth by the Dane County Sheriff's Office:

*JC PROPERTY MANAGEMENT, LLC

(608) 219-8074 www.jcpropertymgt.com

*CAPITAL CITY TRANSFER, INC.

(608) 845-6090 www.capitalcitytransfer.com.

*E.C. MOVING AND STORAGE

(608) 849-4290 www.ecmoving.com.

*G5 MOVING & PROPERTY SERVICE

(608) 843-5300 www.g5move.com

6) SELF BONDED EVICTION

a. Obtain a valid Writ of Restitution

b. Obtain a bond of indemnity containing all pertinent names (spelled correctly), court case number and complete address. All bonds MUST indemnify Sheriff David Mahoney, his designees and Dane County.

c. A $5,000.00 bond for apartment and $10,000.00 bond for houses/businesses is required.

7) Make a copy of the Bond and Power of Attorney (if applicable).

8) File the original Bond/Power of Attorney with the Dane County Clerk of Courts and have the copy of the bond time-stamped for filing.

9) Drop off the original Writ of Restitution and a time-stamped copy of the Bond/Power of Attorney at the Dane County Sheriff's Office Civil Process window and tell them you are going to be a self-bonded landlord.

  • Complete the Memo to the Sheriff.
  • The Writ of Restitution, Bond/Power of Attorney and Memo to the Sheriff should be returned to the Sheriff’s Office at the same time.

10) Deputies will notify you after they post the order to vacate and are available to answer all questions. They can be reached at the following numbers:

a. West (608) 284-6819

b. East (608) 284-6818

11) The fees for executing a Writ of Restitution are located in FAQ section.