Writs of execution
A district court issues a writ of execution directing the sheriff to satisfy a judgment:
- The creditor must identify and locate the debtor's assets. The sheriff can levy upon or seize those assets to satisfy the judgment.
- The Hennepin County sheriff can only collect on assets located in Hennepin County.
- A writ is valid for 180 days from the date of issue. The creditor or the creditor’s attorney must sign the writ.
Creditors: if the debtor tries to pay you directly while the writ is in the sheriff’s possession:
- Refer the debtor to make payment to the sheriff instead.
- Call our office for questions.
Wage levies
The creditor must provide a writ of execution, a $100 deposit, and a check or money order for $15 payable to the debtor’s employer:
- The creditor must serve the debtor an earnings exemption notice. This notice must be served at least 10 days before presenting the writ of execution to the sheriff’s office for service. The notice must be served personally or by first-class mail. The writ of execution instructions must include the date the creditor gave notice.
Execution exemption notice (PDF) View
Writs of execution instructions (PDF) View
- Fully satisfied judgment: The creditor receives the writ amount plus interest. They also get reimbursed the $15 legal fee and a refund of the $100 deposit.
- Partially satisfied judgment: Sheriff's fees, including 5% commission, are deducted from the amount collected. The creditor receives the remainder and a refund of the $100 deposit.
- Unsatisfied judgment: If no money is collected, sheriff’s fees will be paid from the deposit.
The sheriff will return the writ of execution to court. If the judgment was not satisfied, the creditor may get an updated writ of execution from district court to begin the process again.
Financial institution (bank) levies
The creditor must provide a writ of execution and pay a $100 deposit to the sheriff. They must also provide a $15 check or money order payable to the financial institution to be served.
- Fully satisfied judgment: The creditor receives the writ amount plus interest. They also get reimbursed the $15 legal fee and a refund of the $100 deposit.
- Partially satisfied judgment: Sheriff's fees, including 5% commission, are deducted from the amount collected. The creditor receives the remainder and a refund of the $100 deposit.
- Unsatisfied judgment: If no money is collected, sheriff’s fees will be paid from the deposit.
The sheriff will return the writ of execution to court. If the judgment was not satisfied, the creditor may get an updated writ of execution from district court to begin the process again.
Other types of levies
Items such as vehicles, other personal property and real property can be levied upon and sold. These procedures can be complex. Consult an attorney with any legal questions.