You can apply for a fee waiver by filling out a Petition for Waiver of Fees and Costs and submit it to the Dane County Clerk of Courts Office. Petition paperwork can be found in the Law Library in the lower level of the Courthouse.
Temporary Restraining Orders (TROs) take priority over other papers received. Papers are then prioritized by court date and time requirements per state statutes.
We can take a prepayment of $40 for service. With the return of your papers and affidavit, you will receive an invoice for any outstanding balance. The invoice will provide instructions to pay online. You can make online payments on our website at any time. We also can take cash or checks at the Civil Process window at any time.
We require one copy per person or company being served and one additional copy for office use. The office copy will be returned to you via mail with your affidavit(s) of service.
We need a physical address to attempt service.
Immediate service attempts cannot be guaranteed on most papers, TROs being the exception.
No. There are private process servers in the Madison area that you may hire to serve your papers. They have different pricing and often guarantee service in a shorter time period. The Sheriff’s Office has to serve writs, evictions and executions.
We can attempt to accommodate this type of request. However, it can be difficult for deputies to “schedule” to be at a specific place at a specific time. It is better to give larger time frames (i.e. they will be home in the evenings after 5pm).
We can attempt service at a workplace as a last resort. Most employers do not want deputies serving their employees at work. Deputies will attempt phone contact before serving at someone’s place of employment.
Civil process clerks can check to make sure your paperwork is filled out fully but are unable to assist you in filling out your paperwork. For assistance with your paperwork you can visit the Law Library in the lower level of the Courthouse.
We will attempt to accommodate this, but it can be very difficult to "schedule" an officer to be somewhere at a specific time. We would like to have at least a half hour time period to attempt service. (Ex: Say you know for sure the person will be home at 5p.m., you should say between 5:00 p.m. and 5:30 p.m. or between 5 p.m. and 7 p.m. etc.)
The Sheriff’s Office is not allowed to give legal advice of any kind.
Forms can be found on the Dane County Courthouse Website.
https://courts.danecounty.gov/Resources/Forms
Staff at the Law Library in the lower level of the Courthouse can also assist you.
Different papers have different requirements. Some papers require personal service, while some allow substitute service.
Wisconsin State Statute requires papers to be served in person. If service cannot be made after 3 diligent attempts, then an affidavit of proof of non-service will be returned with the office copy.
The Sheriff's Office does not know whether or not persons occupy the property and has no lawful authority to give permission for any prospective bidder to enter and inspect any structure located on the property to be sold. As such, properties likely cannot be inspected prior to the sale. The prospective purchaser buys the property, more or less, "as is, where is." Any other questions regarding this, should be directed to the attorney for the plaintiff or the mortgage company.
The Sheriff's Office conducts the sale of the property, but does not have specific information regarding the property or the condition of the property and what improvements may be required.
All properties are sold "as is". Persons interested in obtaining information about a property are encouraged to contact the plaintiff or their attorney of record.
If you have a serious interest in a property, you may desire to contact a title company or an attorney to perform a title search. Questions regarding the legalities of purchasing a foreclosed home should be directed to an attorney that specializes in foreclosures. Further, it is the buyer’s responsibility to have the occupants legally removed if the property is occupied.
The plaintiff determines the opening bid. The mathematical equation to determine this is not known by the Sheriff's Office. The opening bid may be below or above the amount specified in the judgment.
The buyer assumes all liens and legal encumbrances on the property. The Sheriff's Office cannot provide legal advice on how to properly investigate what financial obligations may be outstanding. Other defendants listed on the Notice of Foreclosure Sale may have a financial interest in the property. Resources available may be a title search, record search, the Clerk of Courts, Treasurer, and the Register of Deeds.
The successful third party bidder is required to have 10% of their bid in cash or in bank-certified funds made payable to the Dane County Clerk of Courts at the time of sale.
The plaintiff in the case may cancel or adjourn a Sheriff's Sale. Typical reasons for doing so include settlement or bankruptcy. In this situation, the Sheriff's Office has no control over whether a sale is cancelled or adjourned or how many times that may occur.
In addition, the Sheriff’s Office may adjourn the sale up to 3 months at the if the Sheriff’s Office considers it in the interest of all persons concerned . Notice of adjournment is given at the time and place fixed for the sale. Further notice shall be given by posting or publishing the same, or both, as the time and circumstances permit.
A copy of the Notice of Foreclosure Sale is posted on the bulletin board near the west entrance of the City County Building, 210 Martin Luther King Jr. Boulevard, Madison, WI. If the property for sale is outside the City of Madison, a notice is also posted in the municipality where the property is situated. A copy of the notice is also available for viewing on our website.
