This web site is only a guide on Civil Process for Becker County. We are
providing information which answers some of the more common questions received
by our staff.
The information included in this website is not comprehensive. We are not
providing any legal advice, nor are we attempting to suggest a course of action
if there are legal issues to be resolved.
If you need legal advice, please contact an attorney. Our office is not
permitted to provide legal advice nor can we suggest any specific attorney.
We hope this website will be helpful in your civil process needs. Should you
have any further questions, please contact the Becker County Sheriff's Office
Civil Process Department using the contact information in the right column.
Mortgage foreclosure sales are conducted by the Sheriff, or his designee, in
an open bidding process. Sales are conducted on Tuesday - Thursday at 1:00 pm.,
with prior scheduling required, at the Becker County Sheriff's Office Lobby, 925
Lake Ave, Detroit Lakes, MN 56501.
The mortgage company or plaintiff's representative is present and any
interested parties. The attorney will start the bidding with the exact amount
due at the time of the sale. If any other interested parties are there, they
then will have the opportunity to give their bid. A successful bidder must have
cash or certified funds (payable to the Becker County Sheriff's Office) to pay
for the sale at the time of the sale.
All mortgage foreclosure sales are subject to a redemption
period, usually 6 or 12 months. The length of this period is noted in the sale
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To begin the process for Unlawful Detainer Action the property owner
(plaintiff) starts by filing a “Complaint in Unlawful Detainer” with the
When a complaint has been filed, the Court Administrator will set a court
date and issue a summons to be served. This summons must be served on each
tenant/defendant no less than seven (7) days prior to the court date, exclusive
of the court date. The service must be made by a third party who is not part of
the court action. A notarized affidavit of service must be filed with the Court
Administrator before the date of the court hearing.
The Becker County Sheriff's Office can serve the papers on the
tenant/defendant. The original summons plus copies of the summons and complaint
for the defendants should be delivered to the Becker County Sheriff's Office as
soon as the plaintiff receives them. If the Sheriff's Deputy does not find the
defendants at home after making attempt on at least two different days, one day
before 6:00 pm and one day after 6:00 pm, the Deputy will post the Summons and
Complaint on the door of the premises involved in Unlawful Detainer Action.
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If a Judge finds in favor of the plaintiff at the hearing for the Unlawful
Detainer Action, a Writ of Recovery will be authorized. This is an Order for the
Sheriff to restore the premises to the plaintiff.
This Writ of Recovery is only valid thirty (30) days so the
plaintiff should not delay in bringing it to the Sheriff's Office. The Sheriff's
Office will have this served on the defendant if they are home, or it will be
posted on the door of the premises. This Writ of Recovery is a 24-hours notice
advising them that they have to vacate the premises. If the defendant does not
vacate in 24 hours, the Sheriff has the right to remove them. The plaintiff must
contact the Becker County Sheriff's Office to schedule an eviction. When the
eviction is scheduled, there are two options for storage of the defendants'
- On site storage for 60 days.
- Contract with a licensed and bonded mover to inventory and remove the
If the plaintiff chooses to store the property on site, the Deputy will
remove the defendant(s) and stand by until the plaintiff has completed an
inventory of the premises. If the defendant wants to recover their property,
they must contact the plaintiff within 60 days and make arrangements to pick it
up. The plaintiff must release the property to the defendant. After the 60 days
is past, if the defendant has not picked up the property it is considered
If the plaintiff selects to have the property removed, the plaintiff must
contract with a licensed and bonded mover and make arrangements to have the
mover there at the time of the eviction. The deputy will remove the defendant(s)
and stand by until the moving company has loaded the property and completed an
inventory. The plaintiff has a lien for the moving and storage expenses only.
The defendant again has 60 days to contact the plaintiff to make arrangements to
pick up the property and may be required to pay the moving costs before it is
released. Most often, the value of the personal property is less than the
moving costs and since the plaintiff is responsible for paying the movers, this
option is not the most common.
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BANK ACCOUNTS (natural persons & corporations) - Third-party levy on bank
accounts is served within five business days upon receipt of the Writ of
Execution by the Sheriff's Office. Funds on deposit in the account(s) are frozen
as of the date of service. Financial institutions respond by mail to the
Sheriff's Office approximately 30 days after the date of service. At that time,
if a check is received from the bank, it is deposited and after the bank check
clears, the funds are remitted to you, by mail, in the form of a check from the
WAGES – Third-party levy on wages is served within five business days upon
receipt of the Writ of Execution by the Sheriff's Office. This service will
secure the wages for 70 days at which time the employer will remit the funds to
the Sheriff's Office. The Writ expires 180 days from the date it is issued by
the court. When we stop levying, we will mail you the funds collected after the
last check is received. If the judgment is not fully satisfied and the judgment
debtor is still employed, you must obtain a new Writ from the Court
Administrator and deliver to the Sheriff's Office for another service process.
If no monies are collected for various reasons (i.e. - no funds, employment
terminated, doesn't earn enough or on leave of absence), notice will be mailed
to you, listing the reason and the Writ of Execution will be returned to the
Court Administrator. You must locate other assets, obtain a new Writ and start
the process over again. If no other assets can be found, contact
regarding the procedure of ordering the judgment debtor to court to disclose
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