Writs of Execution
Writ of Execution
A Writ of Execution is an Order from the Court that allows the Sheriff’s Office to collect on a judgment. The writ must be directed to the county in which the assets of the judgment debtor are located.
The Writ of Execution document is good for 180 days (6 months). Judgments issued by the Court and good for 10 years. It is up to the Judgment Creditor to locate any assets of the Judgment Debtor that may be levied upon. The two most common levies are wage levies and bank levies. For ANY levy to commence the Judgment Creditor MUST thoroughly complete the Writ of Execution Instruction Sheet.
If a creditor wants the Sheriff’s Office to attempt a wage levy the creditor must complete the Writ of Execution Instruction Sheet. The creditor must also endorse (sign) the Writ of Execution. The creditor will also need to send an Exemption Notice to the debtor 10 days before the Sheriff’s Office can levy on any wages. By law the creditor must also provide the Sheriff’s Office a $15.00 check made to the employer. This is paid to the employer for their efforts in garnishing wages. This check will be given to the employer when the wage levy is served by the Sheriff’s Office.
Upon above steps being completed the Civil Division of the Sheriff’s Office will calculate the amount to be collected. This will include the judgment amount, daily accruing interest as noted on the Writ, a $65 service fee, and the Sheriff’s Office commission (6% of first $250 collected, 10% on remaining amount).
If the judgment is completely satisfied a check will be sent to the creditor via the Blue Earth County Finance Department for the amount of the judgment. If the judgment is partially satisfied, the Sheriff’s Office will deduct their fees and then forward the remaining monies to the creditor. If no funds are available, the creditor will have to pay the Sheriff’s Office the service fee of $65.00 for service of the writ.
Wage levies are done on 70 day periods. After the first 70 days, the employer will send monies collected thus far to the Sheriff’s Office. If the monies collected do not satisfy the judgment, the Sheriff’s Office can issue another levy if the creditor chooses to do so. The creditor must provide another $15.00 check written to the employer to begin the next levy (again, added to fees of what debtor owes).
If the creditor is requesting a bank levy then they will have to complete the Writ of Execution Instruction Sheet. An exemption notice does NOT need to be served prior to a bank levy. The exemption notice is sent to the debtor after the funds have been held by the bank. The creditor will have to give the Sheriff’s Office a $15 check written to the bank. The name on the bank account must be the same name on the judgment/writ otherwise the bank may not honor the bank levy.