Civil Process

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 on this page.

Expand the topics below for more information:

  • Mortgage Foreclosure Sale Procedure

    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 notice.

  • Process of Unlawful Detainer Action

    To begin the process for Unlawful Detainer Action the property owner (plaintiff) starts by filing a "Complaint in Unlawful Detainer" with the Court Administrator.

    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.

  • Third Party Levies Involving the Collection of Monies

    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 Sheriff's Office.

    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 District Court regarding the procedure of ordering the judgment debtor to court to disclose their assets.

  • Landlords and Tenants - Rights, Responsibilities, and Eviction Information

    For information regarding evictions, such as privacy, notices, discrimination, etc., please visit the following site provided by the MN Office of Attorney General: