Writs of Execution or Recovery

Wage / Earning Levies

The judgment creditor must complete the following before the Sheriff's Office will process and serve any writs of execution for wage levies pursuant to Minn. Stat. §§ 550.136 subd.6, 571.194 (2023):

• At least 10 days prior to the date the Sheriff's Office receives the Writ of Execution, the judgment creditor must serve the garnishment notice and notice of intent to garnish earnings upon the judgment debtor. 
• Endorse (sign) the original Writ of Execution.
• Provide cash, money order, or check payable to the St. Louis County Sheriff's Office in the amount of the service fees.
• Provide a money order or check payable to the employer for $15.00, to be served along with the Writ of Execution.
• Complete an execution instruction sheet.

Failure to provide all the requested information could delay the collection of funds.

When calculating the amount to be collect, the Sheriff's Office will include the amount of the judgment, the interest accruing at the rate indicated on the write, and any additional costs that have been added by the Court Administrator.  The Sheriff's Office will also add the allowed 5% commission to the total, plus any other Sheriff's Office service fees.

Financial Institution Levies

The judgement creditor must complete the following before the Sheriff's Office will process and serve any Writs of Execution for financial institution levies:

• Endorse (sign) the original Writ of Execution.
• Provide cash, money order, or check payable to the St. Louis County Sheriff's Office in the amount of the service fees.
• Provide a money order or check in the amount of $15.00 payable to the financial instituion.

Failure to provide all the requested information could delay the collection of funds.

When calculating the amount to be collect, the Sheriff's Office will include the amount of the judgment, the interest accruing at the rate indicated on the write, and any additional costs that have been added by the Court Administrator.  The Sheriff's Office will also add the allowed 5% commission to the total, plus any other Sheriff's Office service fees.

Other Types of Levies

Other items may be possible to levy on, such as real property, vehicles, boats, recreation vehicles, etc. Deposits amounts required vary upon the action requested by the judgement creditor.  Contact the St. Louis County Sheriff's Office Civil Process division for the deposit amount prior to planning this type of levy. See Minn. Stat. §550.20 (2023).

Please read Minnesota Statues Chapter 550 for additional information.

• Minnesota Statutes Chapter 550

If you have legal questions you will need to consult an attorney.

Non-homestead real property may also be levied upon and sold to satisfy a judgment.

Foreign judgments

A judgment issued by a state court outside of the State of Minnesota or a federal court is considered a foreign judgment.  The St. Louis County Sheriff's Office is unable to act upon a foreign judgment. A certified copy of the foreign judgment must be filed with the Office of the Court Administrator so that it may have the same effect as a judgment issued in a Minnesota District Court. See Minnesota Statutes 548.26 to .28 below:

• 548.26 Definition
• 548.27 Filing and status of foreign judgments
• 548.28 Notice of filing

Once the foreign judgment has been filed, the Sheriff's Office can provide services as if it were a judgment issued in Minnesota pursuant to Minn. Stat. §548.27.

Mechanic's Lien Sales

• You must meet statutory requirements to hold a mechanic's lien sale. (See "Responsibility of the Lien Holder and General Requirements." Minn. Stat. §514.18 subd. 1)
• If the lien is for a motor vehicle (Minn. Stat. §514.20 (2023)), you must obtain a DVS (Driver and Vehicle Services) motor vehicle print out that details the owner and lienholder information on the vehicle.  The Sheriff's Office cannot legally provide you with this information. 
• Contact the St. Louis County Sheriff's Office Civil Division for scheduling. Do not publish the date until you have scheduled with our office, it must work for the Civil Division's calendar. 
• Notification of the sale and/or service on the owner and any lienholders must be completed in compliance with state statute. (Minn. Stat. §514.21)
  • If property subject to the lien is a motor vehicle registered in this state, the lienholder must provide written notice to all secured creditors by certified mail, 45 days before the right to sell becomes effective. (Minn Stat. §514.20)
  • Notice of Sale must be served on the owner at least three weeks prior to the sale (if the owner can be found in the county). If the owner cannot be found in the county, notice of sale must be mailed if address of the owner can be found through due diligence. (Minn. Stat. §514.21 subd. 1 (2023))
• Notice of Sale must be published for three consecutive weeks in a newspaper deemed a "legal newspaper" by the Minnesota Secretary of State, with the sale being held at least one week after the last publication.  Once published, you will receive an Affidavit of Publication from the newspaper.  Be sure to keep this affidavit as you will need it for transferring the title and it will need to be presented to the Sheriff's Office prior to the sale. (Minn. Stat. §514.21)
• Make copies of all the documents and mail them along with payment to the appropriate St. Louis County Sheriff's Office location for where the sale will be held (Duluth, Hibbing, Virginia).  Necessary documents as set forth in Minn. Stat. §514.20 (2023) include:
  • Copy of the Affidavit of Publication of the Notice of Sale.
  • Copies of registered mail sent to the lienholder and owner.
  • Copies of the DVS vehicle print out.
  • If the property is a motor vehicle or any other item with a serial number, please send a photograph of that number from the vehicle itself.
  • Payment (contact our office for fees).
  • Cover letter describing what you intend to sell and when. Be sure to include any specific requests or concerns. You will also need to include the appropriate contact information with the best phone number and email address should there be a problem with the sale date, and we need to contact you or your designee.
• The sale is conducted at the site where the property is being stored.  Because it is a public sale you must be prepared for the arrival of interested persons.  You will be met at the site by a Deputy Sheriff to go over the impending sale.  It is your responsibility to have an opening bid. You will need to have the above noted original documents available for inspection by the deputy.  After the sale you will retain these original documents unless there is an outside bidder that purchases the property. 
• After the sale the deputy completes the Certificate of Sale and will mail that to the purchaser.
• If the property is a motor vehicle you will need the above documents and the Certificate of Sale to transfer the vehicle to your name at the DMV (Department of Motor Vehicles). 
• If the property to be sold is a manufactured home, please follow all of the above procedures to include notifying the lienholder by certified mail. The State of Minnesota will need this to be accomplished and it may expedite the handling of your receipt of motor vehicle title.