Time Requirements & Submission Procedures

A writ of restitution is valid for thirty (30) days from issuance but is only valid for ten (10) days from the posting/receiving date (weekends/holidays excluded).

A garnishment summons and complaint shall be served on the garnishee defendant in conformity with the standard procedure for a small claims action or a large claims action, whichever is applicable. Notice of such service or a copy of the garnishee summons and complaint, together with the complaint in the principle action, shall be served on the principal defendant, no later than ten (10) business days after service on the garnishee defendant.

The paper must be served within ninety (90) days of filing and must be over five-thousand dollars ($5,000.00).

As a small claims action: The paper must be served eight (8) business days before the court date. The return date for the summons served must be no less than eight (8) business days from the issue date and no more than thirty (30) days from the issue date.

As a large claims action: The paper must be served within ninety (90) days of filing.

Unless otherwise specified, they can be served right up to the time of the hearing.

A small claims action must be served at least eight (8) business days before the date the party must appear. The date of appearance shall be no less than eight (8) business days from the issue date and no more than thirty (30) days from the issue date.

When submitting papers to be served you must provide the following information.

• Current physical address
• One complete set of the papers are needed for service for each person to be served.
• An additional copy of the papers or cover sheet for us to use and return back to you with the proof of service.
  • On the cover sheet please include any important details, i.e. court dates, your contact information, etc.
• Prepayment is required of $40 unless you have done business with us within the past year and your account is of good standing. You will be billed for any fees above the $40.” See Fee’s Tab for additional fee information.

If you wish for us to fill out your own affidavit (some states require their own to be used and notarized) please include a copy along with your papers. We do not notarize the affidavit unless it is requested. A charge of $0.50 per page will be added for notarizing.

To more effectively assist you in serving your papers, we will need to know information about each person to be served. This information below will help by saving excessive fees on the officer’s time. 

• Date of birth and/or any physical descriptors
• Phone numbers
• Addresses
• Workplace/hours
• Vehicle information

AID IN SESRVING FORM

The Sheriff's Office can not provide legal advice.  If you are looking for assitance please check out the Dane County Clerk of Courts Law Library. Law Library | Dane County Clerk of Courts (danecounty.gov)