The Washington County Sheriff’s Office is able to serve eviction notices and executions throughout the county. In addition to patrol duties, our deputies also serve legal papers as well.
Evictions & Executions
The Washington County Sheriff’s Office serves writs of restitution/assistance for evictions. Prior to the execution of the writ, the plaintiff or plaintiff’s agent will be required to provide the sheriff’s office with a deposit. This is in compliance with State Statute 799.45(1). The deposit for the move will depend on the property involved and will be determined by the sheriff’s office. If the cost of the move and the sheriff’s office assistance exceed the amount of the deposit, the sheriff’s office will provide the plaintiff with an invoice for the amount due in excess of the deposit along with an itemization of the cost which must be paid within 30 days. If any portion of the deposit remains after final cancelations, a refund will be issued to the plaintiff.
By state law the sheriff must use a bonded mover to serve the writ, and the availability of such movers can dictate when the defendant(s) are officially ordered out of the premises.
The plaintiff/landlord/manager cannot make any “deals”, give extensions or make entry into the property (outside the terms of the lease) after the sheriff’s office has received the eviction papers or the sheriff’s office may decline to execute the eviction and a new Writ of Restitution will be required.
There are three options when requesting the sheriff to serve a writ of restitution/assistance for eviction:
Option #1: Requires a minimum deposit. The sheriff will choose the eviction date. If you select this option the sheriff will remove all persons from the property associated with the eviction, make arrangements for a mover to remove all property of value from the residence/business and store the property. A representative from the sheriff’s office will check on the property at least one day before the eviction date to evaluate if the residents have moved out on their own. The sheriff’s office representative will advise you of the dates and times you will need to be present while checking on the property. We will request you bring a key to the property. If you don’t come to the residence with a key, don’t have a key or your key doesn’t work, a locksmith may be called at your expense or force will be used to enter the building. The sheriff will not be responsible for repairs. If the defendants have moved out and removed all property of value before the scheduled move out date, the sheriff’s movers will be cancelled and the property immediately turned over to you.
Option #2: Requires a minimum deposit. The sheriff will choose the eviction date. On the eviction date the sheriff will remove the defendants from the property. On the day of the move you must bring a key for the property. If you don’t have a key or your key doesn’t work, a locksmith may be called at your expense or force will be used to enter the building. The sheriff will not be responsible for repairs. You will be responsible to remove the defendant’s belongings from the property. At your own cost a sheriff’s deputy will supervise the removal and handling of the property by you or your agent. You must agree to abide by sec. 704.05(5) and sec. 799.45 of the Wisconsin Statutes.
Option #3: Requires a minimum deposit. The sheriff will choose the eviction date. On the eviction date the sheriff will remove the defendants from the property. On the day of the move you must bring a key for the property. If you don’t have a key or your key doesn’t work, a locksmith may be called at your expense or force will be used to enter the building. The sheriff will not be responsible for repairs. You will be responsible to remove the defendant’s belongings from the property. You must agree to abide by sec. 704.05(5) and sec. 799.45 of the Wisconsin Statutes. Upon removing the residents from the property the sheriff’s deputy will leave the property.
Landlord and Tenant Internet Resources:
Department of Agriculture, Trade and Consumer Protection Landlord/Tenant Guide
WI Bar Assc. Lawyer Search
Tenant Resource Center
WI Bar Assc. Landlord/Tenant Law: Answering Your Legal Questions
WI Bar Assc. WI Law Booklet
Wisconsin Landlord / Tenant Statute Chapter 704
Wisconsin Administrative Code “Residential Rental Practices”
Chapter 799 procedure in small claims actions
Wisconsin Circuit Court Records
Wisconsin Online Record Check System (WORCS)
The WI Way: A Guide for Landlord and Tenants - Is a guide book published by Department of Agriculture, Trade and Consumer Protection available for download from several resources or by contacting the Department of Agriculture, Trade and Consumer Protection.