Civil Unit

Evicting a Tenant - Unlawful Detainer Action - MN Statute 504B

Important: This is only a general outline of important steps. Consult Minnesota Statute or an attorney to ensure your eviction is handled in a proper legal manner. Visit Quick Links for the Attorney General’s Office and go to Landlords & Tenants section.

Step 1 - Obtain Eviction Summons and Complaint from Court

Contact information:
Washington County Court Administration
14949 62nd Street N.,
Stillwater, MN 55082
651-413-8131

You may bring your Evictions Summons & Complaint to the Sheriff’s Office Civil Division for service. There must be 14 days before the court date. Fee is $80.00 per person.

Step 2 - Writ of Recovery of Premises

This document is received from Court Administration after your court hearing (Summons). This document gives the Sheriff’s Office permission to remove the defendants & restore possession of the premises to the plaintiff. This document must be brought to the Sheriff’s Office for service/posting and gives the tenants 24 hours to vacate from the time the document is posted/served). Fee is $80.00. To verify service/posting contact the Sheriff’s Office Civil Division 651-430-7675. 

Step 3 - Lockout

 *Only the Sheriff’s Office can remove tenants*. If the tenants refuse to leave after the 24 hours noted above, you must call the Sheriff’s Office and schedule an eviction/lockout. At the scheduled date/time, you will meet a deputy at the property. It is at this time you can change the locks and take an inventory of all items remaining in the home. You must provide a copy of this inventory to the deputy. Fee is $75.00 per hour.

 **Note: If the tenants leave the property within the 24 hours, you do not need to contact us for a lockout.

A landlord who intentionally locks out a tenant, removes doors or windows, turns off the gas, electric or water without following this process, may be charged with the misdemeanor of “Unlawful Ouster” (Minnesota Statute 504B.225 and Minnesota Statute 609.606).

For more information on Civil Process related topics, including information on the below listed forms, visit Civil Unit.

Forms

• Service Information request form (PDF).
• Lien Holder Redemption Form & Procedures (PDF).
• Original Mortgagors Redemption Form & Procedures (PDF).
• Wage or bank levy form and instructions (PDF).
• IRS Form W-9 (2018) (PDF).

Civil Process Fees

Service fees include mileage.
Prepayment of all fees is required prior to service.

Small Claims

• Minnesota: papers must be served 10 days before court date.
• Wisconsin: papers must be served eight days before court date.

Notice of Motion and Motion for Hearing on Contempt

• Minnesota: papers must be served 14 days before court date.
• Wisconsin: papers must be served five days before court date.

Order to Show Cause

• Minnesota: papers must be served five days before court date.

Mortgage Foreclosure Sales

• Sales are held at the Law Enforcement Center Monday-Friday at 10:00 a.m. barring any holidays.
• See upcoming or pending foreclosure sales under the tab "Sheriff's Notice of Sale."
  • Washington County does not keep track of and has no information regarding upcoming or pending sales.
  • Upcoming mortgage or lien foreclosure sales are generally posted in the local newspapers under the legal section.

Bidding at a foreclosure sale

• Bidders are strongly urged to seek legal advice from a qualified attorney before attempting to bid at a foreclosure sale.
• This is not an auction.
• In many cases, the Mortgagor(s) still have redemption rights in place for 6 months or more. 

Foreclosure sale process

• The Sheriff's Office will conduct the sale.
• Representative for the lender will place opening bid.
• All others are then allowed to place bids.
• A successful bidder must have cash or cash equivalent (bank cashier’s check) made payable to the Washington County Sheriff’s Office at the time of the sale. We cannot wait for funds.
• All outside bidders will be required to fill out a full information sheet including provide a Federal Tax ID number or social security number and complete a IRS Form W-9 (PDF).

Helpful Resources

• Sale Counseling: view Information on foreclosure counseling services offered.
• Sale Data: get information on parcel transfers, changes, foreclosure timelines and maps.
• For redemption, view the Original Mortgagor Redemption (PDF) or Lien Holder Redemption (PDF) for instructions and information regarding redemption for homeowners or lien holders.

About writs of execution

• Writs of Execution are orders issued by Court for Judgments.
• It is the responsibility of the judgment creditor or their attorney to locate the assets of the judgment debtor.
• The most common levies done by the Civil Unit are wage or bank levies.
• Only one levy will be processed at a time.

Wage or Bank Levy Form & Instructions (PDF)

Bank accounts (natural persons and corporations)

• A third party levy on a bank account(s) is generally served within two to four business days upon receipt of the Writ of Execution by the Civil Division.
• Funds on deposit in the account(s) are frozen as of the date of service.
• Financial institutions respond by mail to the Civil Division approximately 30 days (14-21 days for corporate accounts) after date of service. At that time, if a check is received from the bank, it is deposited and within two weeks the funds are remitted to you (judgment creditor / attorney) by mail in the form of a Sheriff’s Office check. 
• The Writ of Execution expires 180 days from the date it is issued by the court.

Third party and wage levies

• A third party levy on wages is served generally within two to four business days upon receipt of the Writ of Execution by the Civil Division. 
• The Writ of Execution expires 180 days from the date it is issued by the court. However, the employer may stop garnishment after the first 70 days.
• You must notify the Civil Unit if you wish to continue the garnishment for the 2nd 70 days.
• You will need to pay the service fee and $15.00 fee to the employer.
• At the end of the 2nd 70 days, the file will be closed and any funds collected will be mailed to you approximately two to three weeks after the last check is received.
• If the judgment is not fully satisfied, and the judgment debtor is still employed, you must obtain a new Writ of Execution from the Clerk of Court and deliver it to the Civil Division and start the process over again.

Sheriff’s fees are added to judgment amount to be collected.

General information for Orders for Protection and Harassment Restraining Orders

Start the process.

• To begin, you must first fill out a petition with the Court Administration.
• Provide all support documents included with this petition. Keep in mind that the petition and all supporting documentation will be served on the respondent.

How do you obtain an Order for Protection (OFP)?

• Contact Tubman Family Alliance at 651-770-0777. 
• They can assist you in filing the OFP. The forms can also be accessed online from MN Courts .

This petition is submitted to a judge for review.

• After review of your petition, the judge may grant an order based upon the contents of the petition and supporting documentation, and sign the order. 
• Note, the judge may not grant you all or any of the items that you are requesting.
• Be sure to obtain a copy of your signed order from Court.

Once the order is signed, what happens next?

• Court Administration will fax a copy of this order to the Sheriff’s Office for service. We must have an address in order to serve your order. If the address provided is outside of Washington County, the order will then be faxed to the appropriate Sheriff’s Office for service.
• Please keep a copy of your order with you at all times.

You may contact the Sheriff’s Office Civil Division to inquire on the status of your service order at 651-430-7675.

Minnesota government agencies 

• Complete the Service Information Sheet (PDF).
• Please email your documents to: wcso-civilunit@co.washington.mn.us.
• Please give a description line with paper type and name of the party being served. 
• You must include your name and contact telephone number.

Out of state government agencies, private attorney offices and the public 

• Apply via U.S. mail. 
• Complete the Service Information Sheet (PDF).
• Please list only one address you wish us to attempt. (We will only attempt one address.)
• You must include a check for $80.00 per person. (If two people live at the same address, and you need both served the fee is $160.00).
• If you have a Fee Waiver signed by a judge, you must include a copy with your paperwork.

Additional information

• Service is not guaranteed. 
• Fees are non-refundable.
• If you have a court date, be sure this court date is no less than two weeks out. Many documents must be served several days before the court date. Be sure to check the statute for your paper type to determine service timeframe.

The Washington County Sheriff’s Office uses this website for Notices of Sheriff’s sales and other legal documents that require public postings such as Judgment and Decree Sales. The same notices will be posted inside the Washington County Government Center and Law Enforcement Centers in Stillwater, MN.

Responsibilities

The Washington County Civil Unit receives, serves, and executes all civil processes and orders within Washington County in the manner prescribed by law.

All requests for service must include advanced payment (except Minnesota government agencies) and an instructional letter to the Sheriff’s Office.

Disclaimer

The information contained in this site is intended as an informational guide to Civil Service of Process within Washington County. The information provided on this site is not intended and should not be considered as legal advice. 

Washington County Sheriff’s Office is not permitted to providing legal advice. We recommend that you contact an attorney for legal guidance.