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 Info:
Washington County Court Administration
14949 62nd St. 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.

Sale Counseling

View Information on foreclosure counseling services offered

Sale Data

Information on parcel transfers, changes, foreclosure timelines and maps

Mortgage Foreclosure Sales

Check out information on mortgage foreclosure sales and mortgage foreclosure redemption's

Redemption: Original Mortgagor or Lien Holder

Instructions and information regarding redemption for homeowners or lien holders

Upcoming or Pending Foreclosure Sales

Washington County does not keep track of upcoming sales and we have no information regarding them. You can find properties that have an upcoming mortgage or lien foreclosure sale by looking in the local papers under the legal section.

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

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.

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 on-line here. 

General information regarding Orders for Protection & Harassment Restraining Orders

To start the process to obtain an Order for Protection or Order for Harassment, you must first fill out a petition with Court Administration. It is a good idea to have all support documents included with this petition. Keep in mind that the petition and all supporting documentation will be served on the respondent.

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.  Please keep in mind that 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 your order is signed, Court Administration will fax a copy of this order to the Sheriff’s Department 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 Department 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.

Service of Process Form (fillable pdf to print and mail, fax or scan & email)

All Minnesota Government Agencies - Please email your documents to:

          wcso-civilunit@co.washington.mn.us 

We ask that you please give a description line with paper type and name of the party being served. You MUST include your name and contact telephone number.

Please do not use language such as ‘Hennepin County’. Give us your name and telephone number to contact you in case there are issues. 

Out of state government agencies, private attorney offices and the public should apply via U.S. Mail. 

Complete the attached Instruction Form – Please fill this form out completely

We will only attempt one address – please list only the address you wish us to attempt

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.

We do not guarantee service and 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 see when it needs to be served by.

Notice of Sheriff's Sale on November 2, 2023 (PDF)

Notice of Sheriff's Sale on November 10, 2023 (PDF)

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.