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Writs of Execution
Writs of Execution are Orders from Court that allow the Sheriff's Office to assist in the collection of a judgment. A Writ of Execution is valid for 180 days and must be directed to the Sheriff of the county in which the judgment debtor's assets are located. A judgment creditor has ten years from the date the judgment was filed by Court Administration to collect the money owed to the them by the judgment debtor.
Wage and financial institution levies are the most common processes used to collect on a Writ of Execution. The levy collection process may take several months to complete. These processes may be conducted multiple times in order to fully satisfy a judgment.
Wage Levy
If a judgment creditor chooses to have the Crow Wing County Sheriff's Office assist in the collection of the judgment by conducting a wage levy, the creditor needs to provide:
- The date the Exemption Notice (PDF) was sent to the judgment debtor. This must be completed at least 10 days prior to the Sheriff's Office commencing the levy.
- A completed Writ of Execution Instruction Sheet (PDF)
- Original Writ of Execution signed by the judgment creditor or creditor's attorney
- Name and address of the judgment debtor's place of employment
- Three $15 checks made payable to the employer of the judgment debtor
Financial Institution (Bank) Levy
If a judgment creditor chooses to have the Crow Wing County Sheriff's Office assist in the collection of the judgment by conducting a financial institution levy, the creditor needs to provide:
- A completed Writ of Execution Instruction Sheet (PDF)
- Original Writ of Execution signed by the judgment creditor or creditor's attorney
- Name and address of the judgment debtor's financial institution
- Full name and any account information for the judgment debtor
- $15 check made payable to the financial institution of the judgment debtor
Once the above steps are completed by the judgment creditor for either the wage levy or financial institution levy, the Sheriff's Office will calculate the amount to be collected. The total collection amount will include the amount of the judgement, plus the interest accrued at the rate indicated on the Writ and the Sheriff's commission and service fees. The employer or financial institution will then be served with the Writ of Execution collection documents that will conclude with one of the following results:
- No funds are collected - the creditor will be invoiced for the Sheriff's service fee.
- Partial funds are collected - the Sheriff's commission and service fees will be deducted from the amount collected and a check will be issued to the judgment creditor.
- The judgment is fully satisfied - the Sheriff's commission and service fees will be deducted from the amount collected and a check will be issued to the judgment creditor.
All collection results will be filed with Court Administration and the amount of the judgment will be adjusted accordingly.
Other Types of Levies
Aside from wage and financial institution levies, monies can also be collected in other ways. The Sheriff's Office can do a General Demand or levy on items of value such as vehicles, boats, snowmobiles or recreational vehicles, etc. Deposit amounts and logistics vary depending on the item seized and the action requested by the judgment creditor, so please contact Civil Process prior to planning these types of levies.
Non-homestead real property may also be levied upon and sold. This is a complex procedure and should be discussed with an attorney.
Civil Process staff can discuss individual situations with you, but you are advised to contact an attorney if you have legal questions.
Additional Information
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Civil Process Unit
Physical Address
304 Laurel St
Brainerd, MN 56401
Phone: 218-829-4749Fax: 218-825-3454Emergency Phone: 911
Hours
Monday through Friday
7:30 a.m. - 4:30 p.m.
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Court Administration
Physical Address
213 Laurel St, Suite 11
Brainerd, MN 56401
Phone: 218-824-1310Fax: 218-824-1311