Evictions

The first step towards obtaining an eviction is to have a “Landlord’s Notice”.  There are various types of landlord notices depending on the particular situation.  The Winnebago County Law Library has self-help manuals available that can explain the different types of notices and what steps must be taken in the eviction process. The Law Library is located in the main court house at 400 West State Street and can be reached by calling 815-319-4965.

Once the Sheriff’s Office receives the signed sealed Order from the Judge, a date and time can be set for Sheriff’s personnel to meet the plaintiff at the eviction address.  The Sheriff’s Office will set the eviction date as soon as poissible after your possession date.  The eviction date can be set further out if requested since the eviction order is valid for one hundred-twenty (120) calendar days from the date it is signed by the Judge.  The Sheriff’s role at the eviction address is to enforce the Order and keep the peace.

The plaintiff is responsible for the manpower along with things like garbage bags and boxes that may be necessary to move the possessions to the nearest public access (normally the curb).


Fees for Enforcement of an Eviction Order
EFFECTIVE AUGUST 1, 2011

Sheriff's fee for serving or attempting to serve an order of judgment for the possession of real estate in an action of ejectment or in any other action, or for restitution in an action of forcible entry and detainer without aid in the County are as follows:

Fees paid in advance

$74.00 Fee for Restoring possession

*Mileage will be charged and added to the total.  See Additional Civil Process Fee Information for total by location. 

WINNEBAGO COUNTY SHERIFF'S OFFICE EVICTION FEE POLICY CHANGE:  


As of September 1, 2023 the Winnebago County Sheriff's Office will institute a NO REFUND policy for ALL Eviction scheduled services that have NOT BEEN canceled 3 days prior to Eviction Scheduled Date (i.e.; Eviction Scheduled for September 8th at 10:00a.m. must be cancelled by September 5th at 9:59a.m.)    An Eviction Scheduled Date that has not been canceled or canceled less than 3 days prior to the scheduled date will not receive a refund. 

The Civil Process Section of the Winnebago County Sheriff's Office manages the eviction process.  The Civil Process Section is open to the public from 8:00a.m. to 5:00p.m., Monday through Friday and can be reached by calling 815-319-6150.

01/26/2024 UPDATE

The Winnebago County Sheriff’s Office has spent the last few months meeting with a program developer to create a scheduling program to enhance the process and improve the customer experience.  The program allows the Winnebago County Sheriff’s Office to give you multiple choices for scheduling opportunities, with immediate communication by text confirming the appointment and on-going messaging alerting the landlord of opportunities to move up in the schedule.  

The landlord notification process is new!

This notification process gives you information and opportunity at your fingertips!  
 
The notification will be sent to the approved phone number supplied by the Landlord at the time of scheduling:

  • Notification of Confirmed Eviction Scheduled will include:
    • The Eviction Order Number
    • The Scheduled Time
    • The Refund Cancellation Date
    • Along with WCSO phone number hyperlink
  • *Notification of a Canceled Appointment will include:
    • The Eviction Order Number that was Canceled
    • If a Refund is available
    • Along with WCSO phone number hyperlink
  • *Notification of an Open Eviction Timeslot Available
    • WCSO new program runs daily to prompt this notification (typically 8:45)
      • The Notice will Announce an Open Eviction Timeslot
        • First come first serve basis
        • Days and Times Available
        • Along with WCSO phone number hyperlink

*The Notification of an Open Eviction Timeslot is driven by the Landlord/Property owner who has called and canceled their eviction, allowing the system to recalculate using the system parameters, the text messages will be sent to all those in the qualified area announcing the opening.