A landlord receiving a writ of restitution is among the worst outcomes for a tenant in eviction court, as it authorizes a sheriff deputy to forcefully remove the tenant and their possessions from their home. This destabilizing, traumatic, and harmful scenario is distressingly too common in Dane County: 471 households have had writs issued against them since 2023, accounting for roughly 13% of all evictions filed during this period.
Reasons for Writs
A writ can be issued for three reasons: when a tenant fails to appear in court and receives a default judgment; when a tenant doesn’t comply with a court-ordered agreement signed by the landlord and tenant; and when a judge rules in favor of the landlord during an eviction trial.
Default judgments are the most common reason writs are issued, with 53% of all writs resulting from tenants not appearing at joinder hearings or trials. Tenants defaulting on court-ordered agreements, or stipulations, accounted for 38% of writs issued since 2023. Judgments at trial resulted in only 4% of writs.
The Process for Executing Writs
Once a writ is issued, the landlord has 30 days to deliver it to the sheriff. If they don’t act within this time frame, the writ expires, and the eviction process must start over. After the writ is delivered, the sheriff has up to 10 days to execute it, as outlined in Wisconsin law.
Roughly 70% of writs were successfully executed, or “satisfied.” The remainder went unsatisfied, typically meaning the order was never delivered to the sheriff by the landlord or the sheriff was unable to carry out the order after the tenant voluntarily vacated. Writs can also be marked unsatisfied if the landlord and tenant come to an alternative agreement and notify the sheriff.
Before executing the writ, the sheriff posts a vacate notice. This notice, usually a yellow paper taped to a tenant’s door, warns that the sheriff will arrive to remove the tenant at a later date. It includes contact information for the sheriff’s office so tenants can ask questions or coordinate logistics. The notice also contains information about the landlord’s plans for any personal property left in the unit and resources for the tenant.
When the writ is executed and the tenant is evicted, their belongings are also removed. Depending on the lease, the landlord may dispose of any items left in the unit, except for medical supplies or equipment, which must be stored for up to seven days. Often, the cost of removing the tenant’s property is passed on to the tenant. As has been reported in recent years, these costs can be significant and impose serious barriers to future housing stability.
Many tenants end up homeless after a writ has been executed, and the eviction judgment stays on a tenant’s public record for 10 to 20 years, making it significantly harder for them to secure new housing.
Efforts to Avoid Writs
One of EDDP’s foremost priorities is resolving evictions before a judgment and writ can be issued. By getting cases dismissed with CORE rental assistance payments, doing extensive outreach before a tenant’s first court date, and connecting tenants with attorneys who can advocate on their behalf, many writs and evictions are prevented. The disparity in legal representation speaks to the efficacy of attorneys in particular: Only 7% of tenants who received a writ were represented.
While our EDDP staff has limited recourse once a writ is issued, we work to educate tenants on their options. Communication with the landlord becomes essential at this point. A landlord is not required to follow through with the writ and can stop the process at any time, so we recommend that tenants reach out to their landlords to see if they can negotiate for more time to move out.
If a writ is issued due to a missed payment in a stipulation, we can try to expedite the rental assistance process and contact the landlord to see if they’re willing to hold off on the eviction until payment is made. These efforts can be difficult, as completing paperwork to utilize federal emergency rental assistance is often time-consuming and often requires the cooperation of both tenant and landlord. However, financial assistance often prevents landlords from executing the writ.
We also recommend tenants stay in touch with the sheriff’s office, since they are generally willing to work with tenants and make arrangements within the limitations of the statutory obligations.
Finally, we inform tenants about the possibility of reopening their case if they believe they have a valid reason. To do this, tenants must submit the proper forms for a motion to reopen. If the claim is accepted, a judge will schedule a trial where the tenant can contest the eviction judgment and the writ. While this case is pending, there is a stay on the writ and eviction proceedings. Given the legal complexity of this process, we refer some tenants to our partner attorneys to ensure they have the best possible chance for a favorable outcome.
One tenant, who had a writ executed against them and was forced out of her home along with her children, said the process was terrifying. “Policy needs to change,” they said. “It should be illegal to evict any non-violent person who does not have future housing established.”