General Information

The following information is offered as a summary of the statutes on executions. It is not intended to be a legal guide, but merely informational.

Procedure – Execution on Writ of Restitution

Pursuant to sec. 799.45(3)(am), Stats., a plaintiff in an eviction action may remove and dispose of a tenant's property as follows:

1. Notify the Sheriff not later than the date on which the Sheriff executes the writ of restitution of the address of the premises where the defendant's property will be stored.
2. Notify the Sheriff not later than the date on which the Sheriff executes the writ of restitution of the name, address and telephone number of the person the defendant may contact to obtain possession of the property.
3. Exercise ordinary care in removing the property from the premises an in the handling and storage of all property removed from the premises.
4. Have warehouse or other receipts issued with respect to the property stored under this paragraph issued in the name of the defendant.
5. Obtain a bond or insurance policy to pay the defendant and indemnify the County for any damages to the property removed from the premises that is handled or stored with less than ordinary care.
6. Impose charges for the removal and storage of the property removed from the premises that do not exceed the rate determined by the Sheriff to be the average rate for such services available in the county.
7. Within three (3) days of the removal of the property, notify the defendant under sub, (4) of the charges imposed under subd. 6 and of any receipt or other document required to obtain possession of the property.

The plaintiff must provide either (a) an originally certificate of insurance referring to an endorsement on its insurance policy which adds the County of Dane as additional insured for purposes of coverage under s, 799.45(3)(am)5 Stats.; or (2) an original $5,000 bond to meet the requirements of s. 799.45(3)(am)5., Stats. to the Clerk of Courts office prior to execution on the Writ. Copies of certificates of insurance should be forwarded to Risk Manager (Room 425, City- County Building) by the court clerk.

The original should be file stamped and entered on the court record as "SBPS" (surety bond posted/signed) and placed in the court file. If a judge orders a bond amount, it would be entered as "SBS" (surety bond set).

Clerk of Courts staff should provide the plaintiff with a certified copy to take to the Sheriff's Office. The Sheriff's Office must be notified by the plaintiff on the day the writ is delivered to them that the plaintiff will remove the property themselves. If not advised on that day to the contrary, the Sheriff's Office will proceed to arrange for the removal of the property.