Writ Of Restitution (Eviction)

  • The writ of restitution is a form that directs the sheriff to remove the defendant and defendant's property from the premises.

Procedure:

Once you have been granted an eviction in small claims court, you will be able to obtain a “Writ of Restitution” (Eviction) in the Clerk of Courts Office.

  1. Request your writ and pay the $5.00 writ fee.
  2. Insert the address of the property into the writ.
  3. The clerk will make copies.  Keep one of the copies for your records and the others you will take to the Sheriff's Department for service on the tenant(s) along with the completed the “Aid in Serving Papers” form. Be sure to include your phone number, as the Sheriff’s Department will have to contact you regarding your writ. The Sheriff’s Department must serve the “Writ of Restitution” on your tenant(s).
  4. Service By Sheriff: A Sheriff must serve the defendant(s). The Sheriff’s Department requires $100 for service fees.  If you have questions regarding the service of your writ, you can contact the Sheriff’s Civil Process Division at 715/261-1412.

General questions concerning a writ of restitution can be directed to the small claims clerk at (715) 261-1310.