Eviction Procedures Before the EVICTION procedure below can be followed, you MUST seek legal advice to determine the appropriate eviction procedure and to obtain the forms required to begin the procedure.
When the Clerk of Court receives a ruling on a forcible entry and detainer action in your favor, you will need to request that the clerk issue a Writ of Possession to the Sheriff. It will not be done automatically.
When you have a Writ of Possession issued, you will need to contact the Sheriff's Office at 641-456-2731 between 8:00am and 4:00pm, Monday through Friday (except holidays) to schedule and eviction time. It will not be the same day the writ is issued. We do not have staff available to do evictions on weekends. The eviction must be completed by 4:00pm, so we'll schedule with that goal in mind.
The Sheriff's Office will deliver a copy of the writ along with a courtesy letter stating the date of the eviction to the address of the defendant. We require that this be done at least 3 days before the eviction. It is not necessary to service this letter on the defendant, so we will post it on the door if no one is available to receive it.
The day of the eviction we will expect the plaintiff, or his agent, to check the location to see if the defendant has vacated voluntarily. Please call our office before 9:00am to either confirm or cancel the eviction. We WILL NOT respond until we hear from you. If you discover that the defendant has vacated previous to the eviction date, please inform our office so we can use that time for other purposes.
At the time of the eviction, we will expect the plaintiff to provide enough manpower to complete the eviction in approximately 1-2 hours. We recognize that unusual situations requiring more time will occur occasionally. The process must be completed by 4:00pm. Our function is to provide the authority, keep the peace, and direct the procedure.
We request that the plaintiff provide enough boxes and large trash bags to facilitate efficient moving of property. If heavy rain is imminent, it is suggested that sheets of plastic be used to cover the property to prevent unnecessary damage. The eviction will only be postponed by the Sheriff because of severe weather conditions.
If a water bed needs to be drained, we may request that you bring a pump in the interest of time.
If a refrigerator or freezer is involved, we will expect the plaintiff to secure the appliance so that a child will not have access or remove the door.
It is also suggested that you wear protective gloves and keep in mind the danger of sharp objects and blood borne pathogens.
We will have the plaintiff move the property to the nearest public property, possibly where the garbage is picked up. Be prepared to deal with abandoned vehicles through your local law enforcement agency at the time of the eviction.
We will expect the plaintiff to remove all property/garbage from the premises. We will not get involved in determining what is valuable and what is not. If the defendant vacates voluntarily, it is up to the plaintiff to decide if they want our office to stand by while any remaining property is removed. If the eviction procedure is canceled, the plaintiff accepts any liability for property left behind.