Notice to Landlords and/or Bank Reps
Your walk-through will be scheduled for ________________. A deputy sheriff will call you ______business day(s) beforehand to notify you of the scheduled walk-through time. The walk-through will be limited to approximately 15-minutes. Landlord should be aware eviction times may run behind due to unforeseen circumstances encountered by deputies.
The Procedures and Requirements
The Wisconsin State Statutes listed below are provided for your assistance. It is your responsibility to know the content and the requirements. If you have any questions please consult with an attorney. The Sheriff’s Department cannot give any legal advice and can only instruct you as to our procedures.
Information on Landlord/Tenant rights is available on line in “The Wisconsin Way”. The handout is available at the following locations: Toll-free Hotline: (800) 422-7128 Website: www.datcp.state.wi.us
Failure to follow our procedures or requirements set forth in the statutes will result in a cancelation or delay of the eviction and may cause the Writ to be returned back to the court as unsatisfied.
The Procedures listed below are required either by Wisconsin State Statutes or by the Courts.
Steps for the execution of the Writ (Eviction)
Landlords Only: When you deliver the Writ to the Sheriff’s Department you MUST complete the form titled as “Writ of Restitution Supplement Form”. The form will provide deputies with your instructions about any personal property left behind. In absence of the form the deputies must then require a monetary deposit to conduct a move if personal property is found. See 2013 WI Statutes 799.45 (1) and 799.45 (3m).
1. Upon receiving the Writ and required fees, a deputy will serve the defendant(s) a copy of the Writ personally or by posting the dwelling door.
ü The entrance door of the dwelling must be CLEARLY marked as listed in the Writ (ie: Apt 1, Upper, Lower, etc). Access to the Dwelling must be clear of DEBRIS, SNOW, ETC.
2. At the scheduled walk-through date deputies will arrive and remain outside. They may not know who you are so please approach them and identify yourself. Deputies will then enter the dwelling and execute the Writ by evicting the defendant(s) or any occupant who is there on behalf of the defendant(s).
ü Please have a locksmith present if you do not have keys to the property.
ü A “2nd Walk-Through” may be requested prior to entering (Step 2) as time limits permit, for an additional fee of $20.00. The additional Fee will be required if the plaintiff is unable to gain entry to the dwelling, cannot immediately secure the dwelling, or does not show for the scheduled walk-through.
3. Landlords: The “Writ of Restitution Supplement form” will determine how deputies proceed. If you elected to be responsible for the defendant’s property the deputies will take no further action and the Writ will be returned back to the Court as Satisfied. If you elected to have the Sheriff’s Department supervise your removal of the property OR if you requested the Sheriff’s Department contract with a moving company to have the defendant’s property removed, continue to Step 4. See 2013 WI Statute 799.45 (2) (b) or 799.45 (3) (a).
3. Foreclosures: If any personal property remains and the deputies decide it has ANY monetary value, per 2011 WI Statute 799.45(3) (C), a move will then be scheduled in accordance to 2011 WI Statute 799.45 (3).
4. The home is secured. No one, including the previous occupant(s), is allowed to enter unless it is to prevent damage or to prevent an emergency from occurring. NO PROPERTY OR DEBRIS MAY BE REMOVED. No exceptions.
ü The dwelling must be IMMEDIATELY secured either by changing ALL the locks or by other means.
5. The personal property is removed and the resident is returned back to the plaintiff. (See reverse side for Moving Fees). The Writ is returned back to the court as satisfied.
Cancellation of an Eviction
An eviction may only be cancelled if a request is made to the court that issued the Writ prior to STEP 2 or by having the defendant(s) sign a property release waiver relinquishing rights to the personal property.
ü The waiver is a form which is provided and retained by the Sheriff’s Department. It must be signed in the presence of a deputy or by the staff at Sheriff’s Department. NO OTHER WAIVER MAY BE USED.
ü The person(s) signing the waiver must be the defendant(s) and possess proper identification.
ü The plaintiff has the responsibility to notify the defendant(s) to make contact with the Sheriff’s Department if he/she wishes to sign a waiver.
If you elect to have the Sheriff’s Dept. conduct a move the Sheriff’s Dept. will contract with an approved moving company. Below are the only two moving companies the Sheriff’s Department currently has authorized for conducting an eviction. The Sheriff’s Department has been limited to those two companies because of their availability and their willingness to move and store the property as required by State Statute.
You may request one of the moving companies below to conduct your move. The request is just preliminary in case a move is required. You, however, must notify the Sheriff’s Department Process Unit of your choice prior to the scheduled walk-through in order to process your request.
The fees are required as part of their business and cannot be negotiated by the Sheriff’s Department. The Sheriff’s Department can only determine if the fees are fair.
Per Hour – Note: 2 hour minimum. Travel time is added.
Photograph Documentation on CD
Unload Fee – Truck load(17cyds-36cyds) (9cyds-16cyds Truck load $80.00) (Up to 8cyds $40.00)
Towing Fee - Per tow
Cancellation Fee - Prior to 4 hours of scheduled move.
Cancellation Fee – More than 4 hours of scheduled move.
Otto Nelson & Sons United Van lines
Phone: 262-654-2171 Fax: 262-654-2155
Regular Time Rates: 2 hour Minimum Charge. Travel time is added.
Person(s) Per Vehicle
Overtime applied after 4:30pm weekdays, Weekends and Holidays. Rate: Additional $25.00 per hour / per person
Any Questions Please Call