Civil Process

Conciliation Court

Conciliation Court, also known as “Small Claims Court”, was created to allow citizens to bring legal claims to the court without expensive costs or complicated legal procedures. Conciliation Court can accept claims for filing that are at, or below, the limit set by law.

• Currently the limit is $10,000.
• You cannot file a claim in Conciliation Court involving the title to real estate.
• You may represent yourself or you may hire an attorney.
• If you file a claim in Conciliation Court, you must do so in the county where the defendant resides.

For additional guidance, you can call or visit the District Court Administrator.

Divorce Actions

In a divorce action, the person seeking the divorce (petitioner) will have a Summons and Petition for Dissolution of Marriage prepared, usually by an attorney. This must be served on the respondent personally.  Substitute service is not permitted.

If the petitioner requests the Sheriff’s Office to serve this process, the original Summons and a copy of the Summons and Petition for service should be presented to the Sheriff’s Office.

Following service, the Sheriff’s Office will return the original and an Affidavit of Service to the petitioner, who must file the documents with the Court Administrator.

The Sheriff’s Office does charge for this service as outlined in the fee schedule.

Divorce Actions – Property Dispute

Often in divorce actions a judge will award property to one of the parties, but the other party will not release the property. The Sheriff’s Office cannot force one person to turn property over to another.

It would be prudent to consult an attorney in this situation.

Harassment Order

Victims of harassment may seek a restraining order from the court. The definition of harassment includes a single incident of physical or sexual assault. Further, gestures must either have a substantial adverse effect or be intended to have a substantial adverse effect of the safety, security, or privacy of another to be considered harassment.

If a single physical or sexual assault incident, repeated intrusive/unwanted incidents, or gestures having adverse effect on safety are the basis for a harassment order, the petitioner must also allege an immediate and present danger of harassment before the court issues a temporary restraining order.

In any harassment case, reports of the incidents of harassment should be made to a local law enforcement agency. If you live in Renville County contact the Renville County dispatch center 320-523-1161 and a deputy or local officer will take a report.

To obtain a Harassment Restraining Order, it is necessary to file a Petition and Affidavit with the Court Administrator.

The petitioner must be a resident of Renville County.

Mortgage Foreclosures

Mortgage Foreclosures are legal actions taken to foreclose upon real estate, as opposed to personal property. These are covered by Minnesota Statutes Chapters 580 – 582.

All sales may be cancelled prior to the time of the sale. 

Property being foreclosed upon is still in the hands of the property owners until it is sold. Therefore, you will not have the opportunity to inspect the property prior to the sale. The buyer acts at their own risk and is charged with determining for their self what liens or encumbrances, if any, will exist on the property; the property is sold as is.

Foreclosure Sale Procedure

In both types of Mortgage Foreclosure sales (outlined below), the sale is conducted by the Sheriff, or his designee, in an open bidding process.

• Sales are conducted Tuesdays, Wednesdays and Thursdays at 10:00 AM, in the Main Lobby of the Renville County Sheriff’s Office – 105 5th Street South, Suite 210, Olivia, MN 56277.
• At the sale, the mortgage company’s or plaintiff’s attorney will open the bidding with the exact amount due at the time of the sale.
  • To find out how much a property will be selling for, you should contact the attorney for the mortgage company.
• Following this initial bid, other bidders are given an opportunity to bid on the property. The winning bid must be at least $1 more than the mortgage company’s opening bid.
• The property will be sold to the highest bidder. If you are planning to bid on a property, you will need to have cash or certified funds (certified check from a bank, money order or cashier’s check), payable to the Renville County Sheriff, for the entire amount at the sale. Personal checks will not be accepted.
• If the certified funds are written out for more than the property is sold for, the Sheriff’s Office will return the additional funds to you in a timely manner.

The successful bidder will receive a Sheriff’s Certificate of Sale, which lists the name of the purchaser and the amount of the purchase. The Certificate of Sale is prepared by the attorney and includes documentation proving that all statutory requirements have been met.

All mortgage foreclosure sales are subject to a redemption period, usually six or 12 months. The length of the redemption period is noted in the sale notice.

The Minnesota Housing Finance Agency offers information about mortgage foreclosures.

Order for Protection

Victims of domestic violence may seek an Order for Protection (OFP) from Family Court. It is not necessary for a victim to report the violence to the police in order to request an OFP, but the Renville County Sheriff’s Office strongly recommends they do. This allows the criminal justice system to intervene in the situation.

Pursuant to Minnesota Statue 518B.01 Subd. 2(b), domestic abuse occurs to a family or household member if committed by a family or household member. Family or household member is defined as:

• Spouse and former spouse.
• Parents and children.
• Persons related by blood.
• Persons who are currently residing together or who have resided together in the past.
• Persons who have a child in common regardless of whether they have been married or have lived together at any time.
• A man or a woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.
• Persons involved in a significant romantic or sexual relationship.
• An adult may file a Petition for an Order for Protection on behalf of any victim who is a minor, is considered vulnerable because of mental deficiency, or is of an advanced age.
• Anyone seeking an OFP should contact the Renville County Court Administrator at (320) 523-3680. A judge will review the Petition and Affidavit for an OFP, and then determine if an Ex Parte Temporary OFP should be issued. Hearings to review the OFP are usually scheduled seven (7) days following the filing of the OFP.

At the hearing, a judge will listen to both the petitioner (the filing party) and the respondent (the person the OFP is filed against) and will determine if a long-term Order for Protection should be issued. This is generally for one or two years.

If an OFP is granted, either temporary or long-term, it will be brought to the Renville County Sheriff’s Office to be served. The Sheriff’s Office will arrange for service within Renville County. If the respondent lives in another county, the Renville County Sheriff’s Office will fax the Order to the local Sheriff’s Office.

In most cases, these Orders can be served at any time and anywhere. The domestic abuse advocate will gather as much information as possible to assist the Deputies in locating the respondent.

The Court Administrator does not charge a filing fee for this OFP, nor does the Sheriff’s Office charge a fee for this service.

Redemption of Foreclosed Property

Pursuant to Minnesota Statutes, most properties sold in a Mortgage Foreclosure action can be redeemed by the mortgagor. The published Notice of Mortgage Foreclosure Sale usually contains a paragraph indicating the length of the redemption period. In most cases, this is six months. Minnesota Statutes Chapters 580 – 582 regulate these redemptions. Some Mortgage Foreclosures are subject to federal regulations, in which case there is no redemption period.

A Certificate of Redemption can be obtained from the Sheriff’s Office of the county in which the foreclosure occurred or from the Mortgagee (lending institution).

Redemption by Mortgagor (Recorded Fee Owner). If a mortgagor wishes to obtain a Certificate of Redemption from the Sheriff’s Office, they should call 320-523-3794 or 320-523-1161 and request a redemption payoff. It is imperative that you contact our office at least seven business days prior to the anticipated redemption to confirm your intent to redeem and to obtain updated payoff information. This additional time is required for research of the recorded documents and preparation of the certificate. It will also allow time to contact the redeeming party if additional data or documents are required. A $100 non-refundable filing service fee is required for the preparation of the redemption along with the request for redemption.

The amount of the redemption is determined by the following:

• Amount bid at the foreclosure sale.
• Interest accruing from the date of sale to the date of redemption. (This is computed at the rate of interest on the mortgage.)
• Additional amounts paid by the purchaser at the foreclosure sale. (These amounts may include insurance, taxes, assessments, etc.) The purchaser must present an Affidavit of additional amount of redemption to the Sheriff and record it with the County Recorder/Register of Titles within the listed redemption period in order to collect those amounts as part of the redemption.

Payment of the redemption amount must be tendered to the Sheriff’s Office in cash or certified funds made payable to the Renville County Sheriff’s Office. No other type of funds will be accepted.

Redemption by other parties after the normal redemption period has expired, redemptions may be made by other than the mortgagor.

These may include persons who have obtained any of the following:

• Mechanic’s Lien filed against the property.
• Judgment against the mortgagor.
• Mortgage against the property other the foreclosed mortgage.
• Any other valid lien existing against the property.

A redemption by other parties has some specific legal requirements. It is recommended that persons interested in this type of redemption consult an attorney.

Redemption Fees are established by the Renville County Board following a public hearing.

• Redemption Preparation Fee for Owner/Mortgagors: $250.00
• Redemption Preparation Fee for Junior Lien Holders: $250.00
• Filing fee for Junior Liens (Intent to redeem Affidavits): $100.00

The fee for redemption must be paid before a Certificate of Redemption is issued.

Sales: Foreclosure, Lien

The Renville County Sheriff’s Office does NOT provide a list of sales.

Mortgage Foreclosure sales are advertised in legal newspapers. To qualify as a legal newspaper, the publication must have a paid subscription of over 500 subscribers. Sales are listed in the legal notices. Foreclosure Sales are not Posted

If the Sheriff’s Office is conducting a sale pursuant to Judgment & Decree or as part of an Execution action, the sale notice will be posted in three public display cases located in the City or Township where the property is located.

Mechanic’s Lien sales, which the Sheriff’s Office may conduct as an auctioneer, generally are published in the same mentioned papers. Notices of these sales are also displayed in the three public display cases mentioned.

Sales Type

The Renville County Sheriff’s Office conducts various types of sales under the appropriate statutes. In most cases the Sheriff’s Office is simply an auctioneer for the person who needs the sale performed.

These sales include, but are not limited to the following:

• Mortgage Foreclosure Sales (see “Mortgage Foreclosure”).
• Execution Sales (see “Writs of Execution”).
• Sales pursuant to Court Orders, Tax Warrants, etc.
• Miscellaneous sales pursuant to various statutes (applying to specific circumstances; see “Minnesota Statutes, Session Laws, and Rules”). Mechanic Lien Sales (see “Mechanic Lien Sales General Guidelines”).

Subpoena

Subpoenas can be obtained from the Court Administrator’s Office in the county where the court action is filed. Someone who is not part of the court action can make Service of the Subpoena. County Sheriff’s civil department does serve subpoena’s.

An original and a copy for service must be given to the Sheriff’s Office. Following service, the original Subpoena will be returned to the party along with an Affidavit of Service. It is the responsibility of the party to return these to the Court Administrator.

A Subpoena can be served upon the named person or left with someone of “suitable age and discretion” who resides at the same address.

In most civil cases, a witness who has received a Subpoena is entitled to witness fees and mileage in advance. If so, a check to cover the witness fees and mileage usually is provided to the witness at the time the Subpoena is served. It is the responsibility of the person requesting service to pay those fees. To determine if a witness is entitled to fees, please check the statutes and rules applicable to the particular type of court action. The type of action in court determines the type of fees.

The Sheriff’s Office does charge a fee for service of a subpoena.

Summons and Complaints

If a plaintiff desires the Sheriff’s Office to serve a Summons and Complaint in a Civil Court action, the plaintiff should provide the Sheriff’s Office with the original Summons and a copy of the Summons and Complaint for each defendant in the action.

A Sheriff’s Deputy will serve the copy and return the original Summons, along with an Affidavit of Service, to the plaintiff. It is the plaintiff’s responsibility to file the original and Affidavit with the Court Administrator.

The Sheriff’s Office charges fees for this type of service.

Unlawful Detainer Action

An Unlawful Detainer Action is required in order to evict a tenant from rental property. Minnesota Statutes Chapter 504B regulates these actions.

There are four common reasons for evicting a tenant:

• Delinquent rent payments.
• Violation of lease provisions.
• Failure to move after thirty (30) day written notice.
• Landlord is notified by law enforcement authorities of narcotics sales or activities on the tenant’s premises.

To commence an Unlawful Detainer Action the property owner (plaintiff) must file a “Complaint In Unlawful Detainer” with the Renville County Court Administrator.

When a complaint has been filed, the Court Administrator will establish a court date, issue a Summons, and provide the plaintiff with enough copies of the Summons and Complaint to serve each defendant. If the tenant has unknown parties living on the premises, the plaintiff can list John Doe, Mary Roe, etc. as additional defendants.

The Summons and Complaint must be served on each tenant/defendant no less than seven (7) days before the court date, exclusive of the court date. The service must be made by a third person 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 Renville County Sheriff’s Office – Civil Division 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 Renville County Sheriff’s Office – Civil Division as soon as the plaintiff receives them.

If a Sheriff’s Deputy does not find the defendants at home after making attempts on at least two different days, one day before 6:00 p.m. and one day after 6:00 p.m., the Deputy will post the Summons and Complaint on the door of the premises involved in the Unlawful Detainer Action.

The Deputy will complete the appropriate Affidavits and the original Summons and Affidavit will be filed with the Court Administrator’s Office by the Sheriff’s Office.

The plaintiff should mail a copy of the Summons and Complaint to each defendant by first class mail immediately after giving the original to the Sheriff. The plaintiff must complete and file a notarized Affidavit of Mailing with the Court Administrator. If posting is required, the court file will be checked to ensure the Affidavit of Mailing is on file with the court at least three days before the hearing.

Evictions If a judge finds in favor of the plaintiff at the hearing, a Writ of Recovery will be authorized. This is an Order for the Sheriff to restore the premises to the plaintiff.

The Writ must be taken to the Renville County Sheriff’s Office – Civil Division for service. A deputy will serve the Writ on the defendants if they are home, or it will be posted on the door of the premises. In either case, the defendants will be provided with a 24-hour notice advising that the Sheriff can remove the defendant 24 hours after the Writ is served or posted.

If the defendant fails to vacate the premises, the plaintiff must contact the Renville County Sheriff’s Office – Civil Division at 320-523-3770 or 320-523-1161 to schedule an eviction

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 the sheriff of the county in which the debtor works.
• The judgment creditor or the creditor’s attorney must endorse this writ.
• The creditor must provide the sheriff’s office with a deposit of $75 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 7% commission on the above total, plus sheriff’s office service fees.

Receiving Funds

• If the judgment is totally satisfied, the creditor will receive the judgment amount, interest, $15 employer’s fee and the $75 deposit.
• If the judgment is only partially satisfied, the sheriff’s commission on the amount collected and the service 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 $75 deposit.

The creditor is also required to send an exemption notice to the debtor at least 13 days prior to commencing the levy if service is by mail, or 10 days if it is personally delivered. The creditor will need to indicate on the levy information sheet the date notice was given/sent to the debtor.

Wage levies are conducted for a 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 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.

Financial Institution Levies

A levy at a financial institution requires a 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 business, the creditor must provide the sheriff with two copies of a completed levy exemption notice to be given to the financial institution when the levy is served.

Other Types of Levies

It is possible to levy on other items, including vehicles, boats, snowmobiles, recreational vehicles, etc. Deposit amounts required to cover seizure and storage costs very depending upon the action requested by the judgment creditor, so please contact our office for a deposit amount prior to planning this type of levy. It is also recommended that you read Minnesota Statutes Chapter 550 for more information, particularly related to exemptions to levy. Sheriff’s office civil division can discuss a particular fact situation with you, but you are advised to consult an attorney if you have legal questions.

Non-homestead real property may also be levied upon and sold. This is a complex procedure and should be discussed with an attorney.

Upon your receipt of the judgment from the Renville County District Court, forward it along with the properly-endorsed writ of execution to the Renville County Sheriff’s Office Civil Division.

Include one (fee deposit) check made payable to the Renville County Sheriff’s Office. If the writ of execution is for wages or third party levy on a bank account, also include one or more $15.00 check(s) made payable to the judgment debtor’s employer and/or financial institution, whichever is applicable.

If you have questions, please contact Renville County District Court, or the Renville County Sheriff’s Office-Civil Division.