Writs of execution instruction form (PDF) View
District Court issues a writ of execution directing the sheriff to satisfy a judgment out of the property of the judgment debtor(s) within the county. The creditor or their attorney then delivers the writ to the Sheriff’s Office for processing.
The creditor or their attorney must identify and locate the debtor’s property. The sheriff can levy upon property or seize and sell assets to satisfy the judgment.
- The most common types of levies are wage levies and bank (financial institution) levies.
Clear information must be provided to the Sheriff regarding the debtor’s property to be levied on. Forms are available to be completed and submitted along with the original writ of execution and required fees. A separate form and fees for each action are required.
Collected funds will be held by the sheriff until the judgment is satisfied, the writ expires, and/or our case is closed.
- Collected funds are applied to the sheriff’s fees first, even if the creditor has a fee waiver.
- If sufficient funds are collected to pay the sheriff’s fees, the deposit paid to the sheriff is refunded.
Items such as vehicles, other personal property, and real property may be levied upon and sold. These procedures can be complex. A clear and detailed letter of instructions must be provided to the sheriff when pursuing other types of levies. Consult an attorney with any legal questions.
If the debtor attempts to pay the creditor directly, they should be referred to the Sheriff’s Office to make the payment. If the third party levied upon sends a payment directly to the creditor or their attorney, these funds should be remitted to the Sheriff’s Office. This is necessary to properly process the writ and accurately report to the court the funds collected pursuant to the writ.
FAQ
- How long does this process take?
- It depends, but it may be as long as 6-10 months.
- Can I do a wage levy and a bank levy at the same time?
- Yes. Separate information sheets and fees must be submitted for each of them.
- Who can I contact with questions?
- Call 612-348-3898 or send an email to sheriff.levy@hennepin.us.
Wage levies
At least ten days prior to presenting the writ of execution to the Sheriff’s Office for processing, the creditor must serve an earnings exemption notice on the debtor.
- The notice can be downloaded here: execution exemption notice - wage levy (PDF) View
- The notice may be served by first-class mail sent to the debtor’s last known address. The mailing date must be included in the information provided to the sheriff.
Mail or deliver the 1) the original writ of execution; 2) completed writ of execution instruction form; 3) check or money order in the amount of $15.00 made payable to the debtor’s employer; and 4) $150 deposit payable to the Hennepin County Sheriff or an IFP order, to:
Hennepin County Sheriff’s Office
ATTN: Civil Process
350 South 5th Street, Room 190
Minneapolis MN 55415
Fully Satisfied judgment: The creditor or their attorney will be sent a check for the writ amount plus interest approximately 3-4 weeks after the last payment was received. The $15 legal fee will be reimbursed and the $150 deposit will be refunded.
Partially Satisfied judgment: Sheriff’s fees, including 5% commission, are deducted from the amount collected. The creditor or their attorney will be sent a check for the remainder approximately 3-4 weeks after the last payment was received. The $150 deposit will be refunded.
Unsatisfied judgment: If no money is collected, sheriff’s fees will be paid from the deposit.
The Sheriff’s Office will eFile the return of the writ of execution with District Court. If the judgment was not satisfied, the creditor may get an updated writ of execution from District Court and begin the process again.
Financial institution (bank) levies
Mail or deliver the 1) the original writ of execution; 2) completed writ of execution instruction form; 3) check or money in the amount of $15.00 made payable to the debtor’s financial institution (bank); and 4) $150 deposit payable to the Hennepin County Sheriff or an IFP order:
Hennepin County Sheriff’s Office
ATTN: Civil Process
350 South 5th Street, Room 190
Minneapolis MN 55415
Fully satisfied judgment: The creditor or their attorney will be sent a check for the writ amount plus interest approximately 3-4 weeks after the last payment was received. The $15 legal fee will be reimbursed and the $150 deposit will be refunded.
Partially satisfied judgment: Sheriff’s fees, including 5% commission, are deducted from the amount collected. The creditor or their attorney will be sent a check for the remainder approximately 3-4 weeks after the last payment was received. The $150 deposit will be refunded.
Unsatisfied judgment: If no money is collected, sheriff’s fees will be paid from the deposit.
The Sheriff’s Office will eFile the Return of the writ of execution with District Court. If the judgment was not satisfied, the creditor may get an updated writ of execution from District Court and begin the process again.
State law regarding writs of execution
Minnesota Statute 550
