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CIVIL PROCESS

Civil Process:

The Green County Sheriff's Department Civil Process Division serves civil process as it is a statutory duty of the Sheriff required by Wisconsin State Statute 59.27(4), which reads: "The Sheriff, personally, or by the Undersheriff, or Deputies, shall serve or execute all processes, writs, precepts, and orders issued or made by lawful authority and delivered to the Sheriff."

PAPER SERVICE:

Papers for service within Green County will be accepted at the Green County Sheriff's Department or may be mailed to the Department's address, Attention: Civil Process Division. PO BOX 473, Monroe, WI  53566. If you plan on delivering the paperwork to the Department for service, you are encouraged to deliver the papers Monday through Friday, between 7:00 a.m. and 3:30 p.m. We do not accept email attachments for papers to be served. 

The affidavit of service and a receipt of payment will be sent to you once service is completed. Two complete sets of papers for each person to be served should be provided, along with one copy of the first page. The petitioners and defendants information should be included, along with the best time for service. The fees for service are set by County Resolution #11-4-11 effective 1/1/12.

SERVICE FEES:  PREPAYMENT IS REQUIRED FOR ALL PROCESS SERVICE:

NON-REFUNDABLE PRE-PAYMENT REQUIRED-payable to "GREEN COUNTY SHERIFF DEPT. "   WE ONLY ACCEPT CASH, MONEY ORDER, OR CHECK.   THERE IS A $35.00 CHARGE FOR ANY RETURNED CHECK.

  SERVICE FEE: $75.00 per Person/Business.  This price includes three attempts and mileage.  A self addressed stamped return envelope would be appreciated.

Additional:  $37.50 for defendants at the same address.  (If you are serving 2 individuals at the same address the total is $112.50)

Garnishments: $75.00 Executions: $75.00     Forced Evictions:The price is $75.00 plus a 2 hour deputy standby fee if needed/after 2 hours fee will be an additional $75.00/hour-Minimum cost of $150.00 per hour for 2 deputies to standby.

Foreclosure Sales - Sheriff's Sale Posting Fee: $150.00 Sheriff's Sale: $0

 

INFORMATION REQUIRED:

Process Service Procedures:  To be more effective the Sheriff's Department needs to know as much information about each person to be served as possible.  Please refer to the FORMS TAB and print out a Civil Process Worksheet and fill out.  Two complete set of papers are needed for service for each person to be served.  If you wish for us to fill out your own affidavit(some states require) please include a copy with your papers and note that it is required.  We DO NOT notarize the affidavit, if required please note that it is required.

TIME REQUIREMENTS:

 WRITS OF RESTITUTION:   Valid for 30 days from issuance, but is only valid for 10 days from the posting/receiving date:(weekends/holidays excluded)

 GARNISHMENTS:  The garnishment summon & complaint shall be served on the garnishee defendant in conformity with the standard procedure for small/large claim actions.  Notice of such service or a copy of the garnishee summons & complain, together with the  complaint in the principle action, shall be served on the principal defendant, no later than ten business days after service on the garnishee defendant.

 LARGE CLAIMS ACTION:  The paper must be served within 90 days of filing and must be over $5,000.00.

 REPLEVIN:  Replevin as a small claims action must be served 8 business days before the court date and the return date for the summons served must be no less than 8 business days from the issue date and no more than 30 days from the issue date.                    As a large claim action the paper must be served within 90 days of filing.

 RESTRAINING ORDERS:   Served right up to the time of hearing, unless specified otherwise.

 SMALL CLAIMS ACTION:  A small claims action must be served at least 8 business days before the party must appear and the date of the appearance shall be no less than 8 business days from the issue date and no more than 30 days from the issue date.

 EVICTION INFORMATION:

 Pursuant to Sec.799.45, Wis, Stats., a plaintiff in an eviction action my remove a tenant and dispose of a tenant's property using the procedure outline below:                                                                                                                                                                                  

  1)  Obtain a valid Writ of Restitution from Green County Circuit Court and at the eviction judgment the court shall order that a Writ of Restitution be issued.    (Landlords are responsible to ensure that all information contained in the Writ is correct)

   2) A Writ of Restitution is only valid for 30 calendar days and must be delivered to the Sheriff's Dept. within that time.(Wis.Stat.799.44(1)(2).  The Sheriff must act within 10 business days after receiving the Writ. (Wis. Stats.,(799.45(5)(a).

   3) Decide what type of eviction you want to do before delivering the Writ to the Sheriff's Dept.  GO TO THE FORMS TAB AND PRINT OUT THE GREEN COUNTY CIVIL PROCESS PROPERTY WORKSHEET. (Wis Stat. 799.45(1) upon delivery of the writ to the Sheriff Dept. the plaintiff must notify the way that the eviction is to be executed)

    4)  Forced evictions are done Monday-Friday.  If the landlord chooses the mover option on the Green County Civil Process Property worksheet, it is the landlord's responsibility to  hire the mover and pay the mover.   The Sheriff's Dept. is not affiliated with any moving companies and cannot make recommendations.  The moving company must be bonded and pre-approved by the Green County Sheriff's Department prior to move.  When doing a Bonded Move the Plaintiff is responsible for all expenses associated with using bonded movers.

SELF BONDED EVICTION:   Obtain a valid Writ of Restitution.   Obtain a bond of indemnity containing all pertinent names.  All bonds MUST indemnify Sheriff Mark Rohloff, his designees and Green County.

A $5,000.00 bond for apartments and a $10,000 bond for houses/businesses is required.  Higher bonds may be required dependent on individual circumstances.  The Original bond and Original power of attorney must be filed with the Green County Sheriff.

Writs of Replevins and executions against property can be quite involved and specific questions should be directed to the Green County Sheriff's Dept. Civil Process Unit at (608) 328-9569.   If you need to inquire about affidavit paperwork please call the Business Manager at 608-328-9589.

The information contained in this site is for general guidance only and is in no way intended to be legal advice and should not be used as a substitute for consultation with an attorney or any other advisor as necessary. 

 

 


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