AB1038: Bill Text

AB1038, s. 11 Section 11. 799.05 (3) (b) of the statutes is amended to read:

AB1038,18,14 799.05 (3) (b) Except in eviction actions, the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date. In eviction actions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 30 15 days from the issue date, and service shall be made not less than 5 days prior to the return date.

AB1038, s. 12 Section 12. 799.206 (3) of the statutes is amended to read:

AB1038,18,22 799.206 (3) When all parties appear in person or by their attorneys on the return date in an eviction, a garnishment or replevin action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge. When all parties appear in person or by their attorneys on the return date in an eviction action and any party claims that a contest exists, the matter shall be forthwith scheduled for a hearing, to be held before a judge or court commissioner within 5 working days.

AB1038, s. 13 Section 13. 799.44 (4) of the statutes is amended to read:

AB1038,19,2 799.44 (4) Writ of restitution; form and contents. The writ of restitution shall be in the name of the court, sealed with its seal, signed by its clerk, directed to the sheriff of the county in which the real property is located, and in substantially the following form:

AB1038,19,3 (Venue and caption)

AB1038,19,4 THE STATE OF WISCONSIN To the Sheriff of .... County:

AB1038,19,7 The plaintiff, ...., of .... recovered a judgment against the defendant, ...., of ...., in an eviction action in the Circuit Court of .... County, on the .... day of ...., 19.., to have restitution of the following described premises:

AB1038,19,8 .... (description as in complaint), located in .... County, Wisconsin.

AB1038,19,13 YOU ARE HEREBY COMMANDED To immediately remove the defendant, ...., from the said premises and to restore the plaintiff, ...., to the possession thereof. You are further commanded to remove from said premises all personal property not the property of the plaintiff, and to store and dispose of the same according to law, and to make due return of this writ within ten days.

AB1038,19,15 Witness the Honorable ...., Court Commissioner or Judge of the said Circuit Court, this .... day of ...., 19..

AB1038,19,16 .... Clerk

AB1038, s. 14 Section 14. 799.45 (1) of the statutes is amended to read:

AB1038,20,2 799.45 (1) When executed. Upon delivery of a writ of restitution to the sheriff, and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. The If the plaintiff, or the plaintiff's attorney or agent, does not notify the sheriff under sub. (3) (am) that the plaintiff or his or her agent will remove and store the property, the sheriff may require that prior to the execution of any writ of restitution the plaintiff deposit a reasonable sum representing the probable cost of removing the defendant's property chargeable to the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s. 814.70 (8). In case of dispute as to the amount of such the required deposit, the amount thereof of that deposit shall be determined by the court under s. 814.70 (10).

AB1038, s. 15 Section 15. 799.45 (2) (b) of the statutes is amended to read:

AB1038,20,7 799.45 (2) (b) Remove Unless the plaintiff or his or her agent removes and stores the property under sub. (3) (am), remove from the premises described in the writ, using such reasonable force as may be necessary, all personal property found therein not the property of the plaintiff.

AB1038, s. 16 Section 16. 799.45 (2) (bg) of the statutes is created to read:

AB1038,20,11 799.45 (2) (bg) Assist the plaintiff or his or her agent in the removal, under sub. (3) (am), of all personal property found in the premises described in the writ, not the property of the plaintiff, using such reasonable force as may be necessary.

AB1038, s. 17 Section 17. 799.45 (2) (c) of the statutes is amended to read:

AB1038,20,16 799.45 (2) (c) Exercise ordinary care in the removal of all persons and property from the premises and, unless the plaintiff or his or her agent removes and stores the property under sub. (3) (am), in the handling and storage of all property removed therefrom from the premises.

AB1038, s. 18 Section 18. 799.45 (3) (a) of the statutes is amended to read:

AB1038,20,20 799.45 (3) (a) In Except as provided under par. (am), in accomplishing the removal of property from the premises described in the writ, the sheriff is authorized to engage the services of a mover or trucker.

AB1038, s. 19 Section 19. 799.45 (3) (am) of the statutes is created to read:

AB1038,21,6 799.45 (3) (am) When delivering a writ of restitution to the sheriff, the plaintiff or his or her attorney or agent may notify the sheriff that the plaintiff or the plaintiff's agent shall be the mover or trucker of the property that is found in the premises described in the writ and that does not belong to the plaintiff. If the sheriff is notified that the plaintiff or the plaintiff's agent shall be the mover or trucker of the property, the sheriff shall, in executing the writ of restitution, allow the plaintiff or the plaintiff's agent to act as the mover or trucker. If the sheriff is notified that the plaintiff or the plaintiff's agent shall be the mover or trucker of the property, the plaintiff or the plaintiff's agent shall remove and store the property, following the procedures under s. 704.05 (5).

AB1038, s. 20 Section 20. 799.45 (3) (b) of the statutes is amended to read:

AB1038,21,22 799.45 (3) (b) Except as provided in par. pars. (am) and (c), the property removed from such premises shall be taken to some place of safekeeping within the county selected by the sheriff. Within 3 days of the removal of the goods, the sheriff shall mail a notice to the defendant as specified in sub. (4) stating the place where the goods are kept and shall deliver to the defendant any receipt or other document required to obtain possession of the goods. Warehouse or other similar receipts issued with respect to goods stored by the sheriff under this subsection shall be taken in the name of the defendant. All expenses incurred for storage and other like charges after delivery by the sheriff to a place of safekeeping shall be the responsibility of the defendant, and any person accepting goods from the sheriff for storage under this subsection shall have all of the rights and remedies accorded by law against the defendant personally and against the property stored for the collection of such charges, including the lien of a warehouse keeper under s. 407.209. Risk of damages to or loss of such property shall be borne by the defendant after delivery by the sheriff to the place of safekeeping.

AB1038, s. 21 Section 21. Initial applicability.

AB1038,21,25 (1) The treatment of sections 757.69 (1) (d) and 799.206 (3) of the statutes first applies to eviction actions commenced on the effective date of this subsection.

AB1038, s. 22 Section 22. Effective dates. This act takes effect on the day after publication, except as follows:

AB1038,22,4 (1)  The repeal and recreation of section 100.26 (6) of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.

AB1038,22,5 (End)