Defining the Eviction

Evictions & Writs

An eviction is a court action that determines who has a legal right to possess certain real property. The eviction is not intended to recover unpaid rent. If a judge finds in favor of the plaintiff at the hearing, a Writ of Recovery of Premises and Order to Vacate will be authorized. This is an order for the Sheriff to restore the premises to the plaintiff. The Writ must be taken to the Sherburne County Sheriff’s Office Civil Division for service. The Writ is valid for only 30 days. The plaintiff should not delay in presenting the Writ to the Sheriff. A deputy will serve the Writ on the defendants if they are home or it will be posted on the door of the premises. In either case the defendants are provided with a 24 hour notice which advises that the Sheriff can remove the defendants 24 hours after the posting or service.

Requirements with Lack of Premises

If the defendants fail to vacate the premises, the plaintiff must contact the Sherburne County Sheriff’s Office Civil Division at 763-765-3571 to schedule an eviction.


The information presented is not comprehensive. It does not provide legal advice, nor attempt to suggest a course of action if there are legal issues to be resolved. If you are unsure of how to proceed, you should contact an attorney. Our staff members are not permitted to provide legal advice, nor can we recommend any specific attorney.


Every attempt has been made to ensure that the information contained on this website is valid at the time of publication. Sherburne County reserves the right to make additions, changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically.