Writ of Executions
Writs of Execution are orders issued by District Court directing the Sheriff to satisfy a judgment. They must be directed to the Sheriff of the county in which the assets to satisfy the judgment are located and they may be for personal or real property.
Minnesota Statutes Chapter 550 applies to Executions, Redemptions, and Exemptions.
The Writ of Execution document is valid for 180 days after the date of issue. The judgment on which it is based is usually good for 10 years, and can be renewed by additional court action.
It is the responsibility of the judgment creditor to locate assets belonging to the judgment debtor which can be levied upon (seized) to satisfy the judgment. The most common procedures are wage levies and financial institution levies.
If a creditor wants the Sheriffs Office to conduct a wage levy, it is the creditor's responsibility to provide an original plus a copy of the Writ of Execution directed to the Sheriff of the county in which the debtor works. The judgment creditor or the creditor's attorney must endorse this writ. The creditor must provide the Sheriff's Office with a deposit of $80, which will be applied to the cost of executing the writ. By law, the creditor must also provide the Sheriff's Office with a check for $15 made payable to the debtor's employer. This check will be given to the employer when the wage levy is served. The creditor is required to send an Execution Exemption Notice to the debtor at least 10 days prior to commencing the levy.
Wage Levy Execution instructions and an Execution Exemption Notice form can be found in Civil Process Forms.
Wage levies are conducted for a 90-day period, after which the employer will send a check to the Sheriff's Office. If the check is insufficient to satisfy the judgment, the Sheriff's Office will contact you and require an additional $15 fee for the employer and will reserve the Writ and conduct a second 90-day levy. Following the second levy, all money collected will be processed and a check issued to the creditor. If it is not enough to satisfy the judgment, the creditor must start the process again by obtaining a new Writ of Execution, complete a new Wage Levy Instruction sheet and submit the necessary fees.
Financial Institution Levies
A levy at a financial institution requires a $80 deposit. The creditor must also provide the Sheriff with a $15 check made payable to the financial institution for each account that is being levied. The name on the account must be the same as the name of the judgment debtor on the Writ of Execution or the financial institution will not honor it.
Financial Institutions respond by mail to the Sheriff’s Office approximately 30 days after the date of service. After that time, if a check is received from the bank, it is deposited and after the bank check clears, the funds are remitted to you by mail in the form of a Sheriff’s check.
Bank Levy Execution Instructions and a Bank Levy Exemption form can be found in Civil Process Forms.
Personal Property Judgement Requirements and Fees
See Civil Process Forms.