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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
$30, 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
4% 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 and the $30
deposit. 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
$30 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 $30 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.
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.
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: |
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. |
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 |
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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