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Civil Process
REQUIREMENTS:
- One copy of the filed documents you wish to have served, prepayment or a copy of the waiver of fees along with any information that will help the deputy serve the individual.
- The civil process worksheet can be downloaded and submitted with your documents. This can be found in Forms & Documents - civil process information form.
- A flat rate pre-payment of $85.00 per case or a waiver of fees from the court is required for service.
- Payment can be in cash or check, payable to the Brown County Sheriff’s Office. Credit/debit cards may also be used for payment. There are additional fees when using a card.
- This payment is required from individuals, law firms or other in-state or out-of-state agencies requesting service that do not have court fee waivers.
- Brown County Sheriff’s Deputies provide diligent service, which are generally three attempts at serving an individual. If attempts beyond diligent service are requested a charge of $20 per attempt will be billed. A request for this level of service must be made at the time of paper submission.
- Note: If service is cancelled prior to attempts being made, a $20 administrative fee will be assessed for the process of the paperwork.
- Civil Process Division Deputies serve papers Monday through Friday.
- Please keep this in mind when providing information regarding the individual being served. The more information you provide for the deputies, the quicker an individual can be served.
- Once an individual has been served you will receive a Certificate of Service in the mail.
- This document will indicate date, time and location the individual was served.
- If the individual cannot be located or the statutory time limit for service has expired, you will receive a Certificate of Non-Service.
- This document will indicate the dates and times of the attempts.
It is your responsibility to file the service affidavit with the courts.
Please take the certificate you receive to court.
The judge may ask for your proof of service.
Please take the certificate you receive to court.
The judge may ask for your proof of service.
WRIT OF RESTITUTION (EVICTION)
SERVICE OF WRIT:- Upon the first attempt, we will either serve the Writ or an Eviction notice will be posted on the door.
- Once service has been made, we will notify you on the next business day with the date and time the tenant will need to vacate.
- After the vacate time you will need to check the property to see if the tenants have vacated.
- If the tenants have not vacated, a date for the execution of the Writ will need to be obtained from the Sheriff’s Office by calling (920) 448-4244. Evictions are scheduled Monday thru Friday.
- It is your Responsibility to Contact the Sheriff’s Office.
- The Sheriff’s Deputies will meet the landlord at the property on the scheduled date and time. All parties will be removed at this time and the locks can be changed.
- Deputy fees are charged for this service. Please reference Brown County Sheriff’s Office Fee Schedule for current rates.
- This can be located Here.
- If tenants have not vacated, landlords cannot enter the property or change the locks until the Writ is executed by the Sheriff’s Office.
- Please reference Wisconsin State Statue 704.05 (5) for the disposal of personal property.
- The writ will expire 10 business days from the date it is received at the Sheriff’s Office.
Service Time Requirements Pursuant to Wisconsin State Statutes
Although the Brown County Sheriff’s Office serves many different types of legal documents, this time information chart covers some of our more commonly served
papers. Please refer to Wisconsin State Statutes for specific papers and/or time lines.
Domestic Abuse, harassment and other personal protection restrainging orders -
Most restraining orders, in Brown County, state 48 hours prior to the scheduled court hearing.
Unless otherwise specified they can be served right up to the time of the hearing
Family Court Matters
- Order/Affidavit
- Notice/Motion
- Order to Show Cause
Order to Appear
- Personal service at least 24 hours before hearing if found in county
- At least 72 hours before hearing if found elsewhere in the state
- Summons shall be served within 90 days of the filing date unless court grants 60 day extension.
- Valid for 30 days from issuance, but is only valid for 10 days from the receiving date for the Sheriff’s Office to take action
- Weekends/holidays excluded
Valid for 60 days from issuance.
Small Claims (Money Claim)
- Shall be served on a state resident at least 8 business days before the court date. Cannot be posted.
Shall be served at least 5 business days before the court date. If personal service is not obtained then we can post - posting must me done 7 days prior to the court hearing after due diligence (3 attempts). Sheriff's office need 10 days prior to court hearing in order to post.
Subpoenas
Unless otherwise specified, may be served up to the time of the hearing.
| Contact: | Civil Process Questions Phone: 920-448-4244 Click here to email |
