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Dane County Sheriff's Office

Evictions & Executions

Writ of Restitution Procedure

The information contained on this page 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.

  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. 
      *DO NOT ALTER THE ORIGINAL COURT DOCUMENT, THE DANE COUNTY SHERIFF’S OFFICE WILL NOT ACCEPT THE PAPER.*

    • Make sure the Writ of Restitution contains the following:

      • Correct court case number

      • Correct spelling of plaintiff and defendant names

      • Complete address to be vacated (including apartment number)

      • Date

      • Clerk of Court seal

      • An electronic signature of a court official
         

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

    • The Writ of Restitution is valid for 30 calendar days from date of judgment and must be delivered to the Sheriff’s office within that time, under 799.44(1), (2).

    • The Sheriff must act within 10 business days after receiving the Writ, under 799.45(5)(a).  Deputies will advise the plaintiff of the expiration date after posting the Writ of Restitution.
       

  3. Decide which type of eviction you want to do before delivering the Writ of Restitution to the Sheriff.

    • Under -799.45(1), upon delivery of the Writ of Restitution to the Sheriff of Dane County, the plaintiff must notify us what way the eviction is going to be executed in regards to the defendant’s personal property:

      • Bonded movers: 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:

        CAPITAL CITY TRANSFER, INC.
        (608) 845-6090
        www.capitalcitytransfer.com

        JC PROPERTY MANAGEMENT, LLC
        (608) 219-8074
        www.jcpropertymgt.com

      • Pursuant to Sec. 799.45, Wis. Stats., a plaintiff in an eviction action may remove/store OR dispose of a tenant’s personal property in accordance with Wis. Stats. 704.05(5). If this option is used, per the statute, the plaintiff would be required to maintain any medication/medical devices for 7 days and return them promptly to the defendant upon request.

      • Evictions after March 1, 2014 utilizing WI ACT 76 choice: Notify the Dane County Sheriff that plaintiff is utilizing 799.45(3m) by checking the appropriate box on the WRIT OF RESTITUTION PROPERTY MEMO.
         

  4. Please complete the forms listed below when you deliver the Writ of Restitution to the Sheriff’s Office. Once you have handed these forms into The Sheriff’s Office, they can not be changed.

  5. When submitting the Writ of Restitution, the Writ of Restitution Property Memo, and the Writ of Restitution Aid in Service Memo to the Sheriff’s Office, you have two options:

    1. Submit all paperwork at the Sheriff’s Office Civil Process window located on the 2nd floor of the Public Safety Building, Monday through Friday from 7:45 AM to 4:30 PM

    2. Submit all paperwork electronically via cprocess@danesheriff.com
       

  6. Forced evictions are scheduled Monday through Friday starting at 8:00 a.m. and are on a first-come, first-serve basis.

    • Deputies will provide the landlord with an eviction date upon request. If the landlord chooses to use a bonded mover,  it is the landlord’s responsibility to hire the moving company and pay for the movers. The Sheriff’s Office is not affiliated with any mover and we cannot make recommendations for any particular mover. However, the moving company must be bonded and pre-approved by the Dane County Sheriff’s Office.
       

  7. Deputies will notify you after they post the Order to Vacate and are available to answer all questions reference the eviction process.

  8. Vacate Order and Forced Eviction Fees

    • To have a vacate order issued/posted or a forced eviction completed for a Writ of Restitution, the following fees will apply:

      • Posting of a vacate order only (no forced eviction): $40 plus 1x roundtrip mileage to the address from the Public Service Building

      • Posting of a vacate order and a forced eviction: $40 plus 3x roundtrip mileage to the address from the Public Service Building, plus an additional $113.56/hour for 2 deputies (1-hour minimum)