Civil Process

  • Paper Service upon individuals or businesses - The Jackson County Sheriff's Office will serve civil papers upon individuals or businesses for a fee of $65 for the first 4 attempts with an additional $10 for 5 or more attempts. Multiple attempts will be made to attempt service to these individuals/businesses at the address supplied by the requesting party. However, if the individual/business cannot be located, the fee will still apply and a Return of Service will be issued as "Defendant Not Found." It is the responsibility of the requesting party to supply a current address. If there are multiple individuals that will need to be served, the service fee will be $65 for the first individual and $20 per additional individual at the same address.
  • Writs of Execution  - Writs of Execution are orders issued by the 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. The Writ of Execution document is valid for one hundred eighty (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. Execution Instruction Worksheet must be completed and included with the Writ of Execution. 
  • Wage Levies - If a creditor wants the Sheriff's Office to conduct a wage levy, it is the creditor's responsibility to provide a 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 the Writ. By law, the creditor must  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. In computing the amount to be collected, the Sheriff's Office will include the amount of the judgment, the interest accruing at the rate indicated on the Writ and any additional costs that have been added by the Court Administrator. The Sheriff's Office will also charge commission of 10% of the first $250 collected and 6% of the remaining balance collected, plus Sheriff's Office fees. If the judgment is totally satisfied, the creditor will receive the judgment amount, interest, and $15 employer's fee. If the judgment is only partially satisfied, the Sheriff's commission on the amount collected and the services fee will be deducted from the amount collected.  If for some reason that no money is collected, a bill for the service fee will be directed to the creditor. The creditor is also required to send an exemption notice to the debtor at least thirteen (13) days prior to commencing the levy, if service is by mail, or ten (10) days if it is personally delivered. The deputy receiving the Writ of Execution from the creditor will ask the creditor to indicated on the levy served sheet the date the notice was given to the debtor. Wage levies are conducted for a seventy (70) 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 conduct a second seventy (70) day levy. If the check is still insufficient to satisfy the judgment, the Sheriff's Office will conduct a third seventy (70) day levy. Upon expiration of the Writ of Execution (180 days) 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 obtain a new Writ of Execution and request the Sheriff to continue the levy.
  • Financial Institution Levies - The creditor must  provide the Sheriff with a $15 check made payable to the financial institution. 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. It is possible to levy on a joint account. If the debtor is not a corporation or a business, the creditor must provide the Sheriff with two copies of a completed levy exemption notice to be given to the financial institution when the levy is served.
  • Execution Exemption Notice and Notice of Intent to Levy Earnings - If you desire the Sheriff to levy on the judgment debtor's wages, please mail or serve the judgment debtor a completed form 10 days (if served) or 13 days (if mailed) prior to bringing the Writ to the Sheriff.
  • Exemption Notice - If you desire the Sheriff to levy on a bank account, please submit two completed forms with your Writ of Execution. The bank will retain one completed form while freezing money in the bank account and forward the other completed form to the judgment debtor.