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Forms
Writs of Execution
Writs of Execution are Orders issued by
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.
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 Sheriff of the county in which the debtor
works. The judgment creditor or the creditor’s attorney must endorse
the Writ. The creditor must provide the Sheriff’s Office with a
deposit of $50, which will be applied to the cost of executing the
Writ. By law, the creditor must also 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 add the approved 6% commission on the above total, plus Sheriff’s
Office service fees.
If the judgment is totally satisfied, the
creditor will receive the judgment amount, interest, additional costs, $15
employer’s fee. If the judgment is only partially
satisfied, the Sheriff’s commission on the amount collected, and the
services fees, will be deducted from the amount collected.
If for some reason no money is collected, the
Sheriff’s service fees will be deducted from the $50 deposit.
The creditor is also required to send an
exemption notice (see forms) 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 indicate on the levy served
sheet the date 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.
Following the second levy, 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.
Execution Instruction Sheet
Click
here to download
form.
Financial Institution Levies
A levy at a financial institution requires a
$50 deposit. The creditor must also 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 see under downloadable forms) to be given
to the financial institution when the levy is served.
Execution Exemption Notice and Notice of Intent to
Levy on 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.
Execution
Exemption Notice and Notice of Intent to Levy on Earnings (PDF 14K)
The
above attachments require the use of the following viewers. If you do not
already have them installed, click on the links below to download: Adobe
Acrobat (.PDF) Adobe Acrobat Reader
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.
Exemption
Notice (PDF 17K)
The above attachments require the use of the
following viewers. If you do not already have them installed, click on the
links below to download: Adobe Acrobat (.PDF) Adobe Acrobat Reader
Permits to Purchase
Applications for Permits to Purchase a firearm are available at the Law Enforcement Center.
Permits to Carry
Applications for Permits to Carry a Concealed Weapon are available at the Law Enforcement Center.
Proof of attending a certification training is
needed, along with a photo ID. The cost of a Carry Permit is $100.00
payable at the time of application, non-refundable. The renewal
fee for a Permit to Carry is $75.00, late fee of $10 if past expiration date
up to 30 days.
On
May 24, 2005, Governor Tim Pawlenty signed
legislation into law reinstating the 2003 Minnesota Personal Protection
Act. Therefore, effective immediately, all Cottonwood County
residents who want to apply for a permit to carry a handgun must do so
through the Cottonwood County Sheriff's Office. The Sheriff's Office
accepts applications Monday through Friday from 8:00 a.m. to 3:30 p.m. at
the Law Enforcement Center,
located at 902 5th
Avenue, in Windom, MN.
Applicants
must appear in person and must present the following to Sheriff’s Office
personnel:
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A completed application form, found by clicking here
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A copy of the certificate verifying the applicant’s completion of
an authorized firearms training course within a year of the date of
application.
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A clear copy of the applicant’s Minnesota drivers license OR state
identification card OR passport photo page.
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$100 cash OR a $100 check payable to the Cottonwood County Sheriff’s
Office, non-refundable.
Applicants
are reminded that the Sheriff’s Office has 30 days to process applications
and issue or deny permits.
Questions About Previously-Issued Permits
From May 28, 2003 (when the 2003 Minnesota Personal
Protection Act was initially enacted), to July 12, 2004 (when the law was
ruled unconstitutional by a Ramsey County District Court judge).
Individuals who were issued permits during this time period are reminded
that their permits are valid for five years from the issuance dates, provided
that the permit holders are not convicted of crimes warranting revocation.
Permits
issued by the Sheriff’s Office or local police departments between July 13,
2004, and May 24, 2005, are valid for one year from the issuance dates. To
avoid allowing their one-year firearms training certificates to lapse,
these permit holders should consider re-applying soon for a permit under
the reinstated law. Permits issued by the Sheriff’s Office on and after May
25, 2005, are valid for five years.
Change of Personal Information
The Cottonwood County Sheriff's Office processes all
changes of address or name for individuals issued handgun-carry permits by
the Sheriff's Office.
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To
update information in person:
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To
update information by mail:
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Bring
photo ID and current permit card to the Cottonwood County Sheriff's
Office located at:
902 5th Avenue
Windom,
MN 56101
Cost: $10 – Payable by cash or check – no credit or debit cards accepted.
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Fill out and sign the Permit to Carry Handgun
Application. Mail application with updated information, permit card,
and $10 check to:
Cottonwood County Sheriff's Office
Permit to Carry – Backgrounds
902 5th Avenue
Windom, MN 56101
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Replacement of Lost/Stolen Permit Cards
Replacement
of all lost or stolen handgun-carry permits issued by the Sheriff's Office
must be made in person at:
902
5th Avenue
Windom MN 56101
Contact
Kristen.porath@co.cottonwood.mn.us
507-831-1375
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