SB344: Bill Text

SB344,7,9 51.42 (3) (d) 12. f. The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subdivision. No action on a lien created under this subdivision may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court for the county in which the county department of community programs or related program is located and entered on a the judgment and lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the department of financial institutions. The department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the county department of community programs or related program against which the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien may exist under this subdivision against any person, on any property or for any amount not specified in the notice filed under this subd. 12. f. To the extent applicable, ch. 846 controls the foreclosure of liens under this subdivision that attach to real property.

SB344, s. 11 Section 11. 59.39 (7) of the statutes is amended to read:

SB344,7,14 59.39 (7) Keep a judgment record and lien docket therein of all money judgments of the court, transcripts from judgment and lien dockets of other Wisconsin courts and of federal courts, warrants for unemployment compensation and warrants for delinquent Wisconsin income or franchise taxes.

SB344, s. 12 Section 12. 59.39 (8) of the statutes is amended to read:

SB344,7,18 59.39 (8) Keep a judgment and lien record and docket therein of all claims for liens filed by contractors, subcontractors, materialmen and laborers and all claims filed for log, mining and maintenance liens.

SB344, s. 13 Section 13. 59.39 (10) of the statutes is amended to read:

SB344,7,21 59.39 (10) File, docket enter, record and keep such other papers, books and records as are required by law.

SB344, s. 14 Section 14. 66.09 (1) of the statutes is renumbered 66.09 (1) (a) and amended to read:

SB344,8,9 66.09 (1) (a) When a final judgment for the payment of money shall be recovered against a town, village, city, county, school district, technical college district, town sanitary district, public inland lake protection and rehabilitation district or community center, or against any officer thereof, in any action by or against him or her the officer in his or her the officer's name of office, when the judgment should be paid by such municipality, the judgment creditor, or his or her the judgment creditor's assignee or attorney, may file with the clerk of circuit court a certified transcript of the judgment or of the docket of the judgment, together with his or her the judgment creditor's affidavit of payments made, if any, and the amount due and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed.

SB344,8,16 (b) The amount due, with costs and interest to the time when the money will be available for payment, shall be added to the next tax levy, and shall, when received, be paid to satisfy the judgment. If the judgment is appealed after filing the transcript with the clerk of circuit court, and before the tax is collected, the money shall not be collected on that levy. If the clerk of circuit court fails to include the proper amount in the first tax levy, he or she shall include it or such portion as is required to complete it in the next levy.

SB344, s. 15 Section 15. 70.39 (4) of the statutes is renumbered 70.39 (4) (a) and amended to read:

SB344,8,22 70.39 (4) (a) Within 5 days after the receipt of the warrant the sheriff shall file a copy of it with the clerk of the circuit court of the county, unless the person makes satisfactory arrangements for payment with the department, in which case, the sheriff shall, at the direction of the department, return the warrant to it.

SB344,9,4 (b) The clerk of circuit court shall docket enter the warrant as a delinquent income or franchise tax warrant is docketed as required under s. 806.11. The clerk of circuit court shall accept, file and docket enter the warrant without prepayment of any fee, but shall submit a statement of the proper fees within 30 days to the department of revenue. The fees shall be paid by the state treasurer upon audit by the department of administration on the certificate of the secretary of revenue and shall be charged to the proper appropriation for the department of revenue.

SB344,9,7 (c) The sheriff shall be entitled to the same fees for executing upon the warrant as upon an execution against property issued out of a court of record, to be collected in the same manner.

SB344,9,12 (d) Upon the sale of any real estate the sheriff shall execute a deed of the real estate, and the person may redeem the real estate as from a sale under an execution against property upon a judgment of a court of record. No public official may demand prepayment of any fee for the performance of any official act required in carrying out this section.

SB344, s. 16 Section 16. 71.91 (5) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 71.91 (5) (b) 1. and amended to read:

SB344,9,25 71.91 (5) (b) 1. The clerk of circuit court shall docket enter the warrant under par. (ar) as required by s. 806.11, and upon docketing entering the amount of the warrant, together with interest required by s. 71.82 (2), the warrant shall be considered in all respects as a final judgment. The clerk of circuit court shall accept, file and docket enter the warrant without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31. The fees shall then be paid by the state as provided by par. (h), but the fees provided by s. 814.61 (5) for filing and docketing entering the warrants shall be added to the amount of the warrant and collected from the taxpayer when satisfaction or release is presented for entry.

SB344,10,3 2. The sheriff shall be entitled to the same fees for executing upon such warrant as upon an execution against property issued out of a court of record, to be collected in the same manner.

SB344,10,6 3. Upon the sale of any real estate the sheriff shall execute a deed of the same, and the taxpayer shall have the right to redeem the real estate as from a sale under an execution against property upon a judgment of a court of record.

SB344, s. 17 Section 17. 71.91 (5) (d) of the statutes is amended to read:

SB344,10,10 71.91 (5) (d) Upon docketing entry of a warrant in the judgment and lien docket, the department of revenue shall have the same remedies to enforce the claim for taxes, penalties, interest and costs as upon a judgment against the taxpayer.

SB344, s. 18 Section 18. 75.521 (3) (am) 2. of the statutes is amended to read:

SB344,10,18 75.521 (3) (am) 2. The name or names of the last owner or owners and mortgagee or mortgagees of the parcel as the ownership or mortgage interest appears of record in the office of the register of deeds of the county in which the parcel is situated, and the state of Wisconsin if it has a determined but unpaid death tax lien, a filed, nonoutlawed income or franchise tax warrant or a docketed judgment entered in the judgment and lien docket, all in the county where the parcel is situated.

SB344, s. 19 Section 19. 100.03 (12) of the statutes is amended to read:

SB344,11,4 100.03 (12) DEMAND FOR PAYMENT; JUDGMENT LIEN. If the department issues a final order allowing producer claims under sub. (9), the department or any producer may demand payment of an allowed claim from the contractor, and from any other person who is obligated under the department's order. If the contractor does not pay the claim within 30 days after the demand is served on the contractor, the department or producer may file the department's final order with the clerk of circuit court in any county of this state. The clerk of circuit court shall docket enter the order as a judgment in the judgment and lien docket. Upon being docketed entered, the order becomes a judgment lien against the real property, in that county, of the contractor or person obligated under the order.

SB344, s. 20 Section 20. 102.20 of the statutes is amended to read:

SB344,11,11 102.20 Judgment on award. Either If either party may present presents a certified copy of the award to the circuit court for any county, whereupon said the court shall, without notice, render judgment in accordance therewith ; such. A judgment rendered under this section shall have the same effect as though rendered in an action tried and determined by said the court, and shall, with like effect, be entered and docketed in the judgment and lien docket.

SB344, s. 21 Section 21. 102.24 (1) of the statutes is amended to read:

SB344,11,21 102.24 (1) Upon the setting aside of any order or award, the court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings, or it may enter the proper judgment upon the findings of the commission, as the nature of the case shall demand. An abstract of the judgment entered by the trial court upon the review of any order or award shall be made by the clerk of the circuit court upon the judgment and lien docket entry of any judgment which may have been rendered upon the order or award, and transcripts. Transcripts of the abstract may be obtained for like entry upon the judgment and lien dockets of the courts of other counties.

SB344, s. 22 Section 22. 102.26 (1) of the statutes is amended to read:

SB344,12,2 102.26 (1) No fees may be charged by the clerk of any circuit court for the performance of any service required by this chapter, except for the docketing entry of judgments and for certified transcripts thereof of judgments. In proceedings to review an order or award, costs as between the parties shall be in the discretion of the court, but no costs may be taxed against the commission.

SB344, s. 23 Section 23. 102.83 (1), (2) and (4) of the statutes are amended to read:

SB344,12,8 102.83 (1) (a) 1. If an uninsured employer fails to pay to the department any amount owed to the department under s. 102.82 and no appeal or other proceeding for review is pending and the time for taking an appeal has expired, the department or any authorized representative may issue a warrant directed to the clerk of circuit court for any county of the state.

SB344,12,12 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the uninsured employer mentioned in the warrant and the amount of the payments, interest, costs and other fees for which the warrant is issued and the date when the warrant is filed entered.

SB344,12,16 3. A warrant so docketed entered under subd. 2 shall be considered in all respects as a final judgment constituting a perfected lien on the uninsured employer's right, title and interest in all of the uninsured employer's real and personal property located in the county where the warrant is docketed entered.

SB344,12,25 4. After the warrant is docketed entered in the judgment and lien docket, the department or any authorized representative may file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the uninsured employer is found, commanding the sheriff to levy upon and sell sufficient real and personal property of the uninsured employer to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 60 days after receipt of the warrant.

SB344,13,9 (b) The clerk of circuit court shall accept, file and docket enter the warrant in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk and the department. The fees shall then be paid by the department, but the fees provided by s. 814.61 (5) for filing and docketing entering the warrants shall be added to the amount of the warrant and collected from the uninsured employer when satisfaction or release is presented for entry.

SB344,13,18 (2) The department may issue a warrant of like terms, force and effect to any employe or other agent of the department, who may file a copy of the warrant with the clerk of circuit court of any county in the state, and thereupon the clerk of circuit court shall docket enter the warrant in the judgment and lien docket and it the warrant shall become a lien in the same manner, and with the same force and effect, as provided in sub. (1). In the execution of the warrant, the employe or other agent shall have all the powers conferred by law upon a sheriff, but may not collect from the uninsured employer any fee or charge for the execution of the warrant in excess of the actual expenses paid in the performance of his or her duty.

SB344,13,24 (4) When the payments, interest costs and other fees specified in a warrant have been paid to the department, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately make a record on enter the satisfaction of the judgment in the judgment and lien docket of the satisfaction of the judgment. The department shall send a copy of the satisfaction to the uninsured employer.

SB344, s. 24 Section 24. 108.22 (2) (a) of the statutes is renumbered 108.22 (2) (a) 1. and amended to read:

SB344,14,8 108.22 (2) (a) 1. If any employing unit fails to pay to the department any amount found to be due it in proceedings pursuant to s. 108.10, provided that no appeal or review permitted by said section under s. 108.10 is pending and that the time for taking an appeal or review has expired, the department or any authorized representative may issue a warrant directed to the clerk of circuit court for any county of the state.

SB344,14,12 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the employing unit mentioned in the warrant and the amount of the contributions, interest, costs and other fees for which the warrant is issued and the date when such copy is filed entered.

SB344,14,16 3. A warrant so docketed entered under subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien upon the employing unit's right, title and interest in all real and personal property located in the county where the warrant is docketed entered.

SB344,14,24 4. The department or any authorized representative may thereafter file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the employing unit is found, commanding the sheriff to levy upon and sell sufficient real and personal property of the employing unit to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue thereof within 60 days after receipt of the warrant.

SB344, s. 25 Section 25. 108.22 (2) (b) of the statutes is amended to read:

SB344,15,9 108.22 (2) (b) The clerk of circuit court shall accept, file and docket enter the warrant in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The fees shall then be paid by the department, but the fees provided by s. 814.61 (5) for filing and docketing entering the warrants shall be added to the amount of the warrant and collected from the employing unit when satisfaction or release is presented for entry.

SB344, s. 26 Section 26. 108.22 (3) of the statutes is amended to read:

SB344,15,19 108.22 (3) The department may issue a warrant of like terms, force and effect to any employe or other agent of the department, who may file a copy of such warrant with the clerk of circuit court of any county in the state, and thereupon such clerk shall docket enter the warrant in the judgement and lien docket and it the warrant shall become a lien in the same manner, and with the same force and effect, as provided in sub. (2). In the execution thereof of the warrant, the employe or other agent shall have all the powers conferred by law upon a sheriff, but shall not be entitled to collect from the employer any fee or charge for the execution of such the warrant in excess of the actual expenses paid in the performance of his or her duty.

SB344, s. 27 Section 27. 108.22 (5) of the statutes is amended to read:

SB344,16,2 108.22 (5) When the contributions set forth in a warrant together with interest and other fees to date of payment and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately make a record on the judgment docket of the enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the employer.

SB344, s. 28 Section 28. 304.10 (1) (b) of the statutes is amended to read:

SB344,16,6 304.10 (1) (b) A certified copy of the docket court record entries, the indictment or information, and such any additional papers on file in the court, if obtainable, as the governor requires;

SB344, s. 29 Section 29. 345.51 of the statutes is amended to read:

SB344,16,13 345.51 Reopening of default judgment. Except as provided in ss. 345.36 and 345.37, there shall be no reopening of default judgments unless allowed by order of the trial court after notice and motion duly made and upon good cause shown. The notice of motion must shall be filed within 6 months after entry of the judgment is entered in the case docket court record. Default judgments for purposes of this section include pleas of guilty, no contest and forfeitures of deposit.

SB344, s. 30 Section 30. 618.61 (4) (b) 2. of the statutes is amended to read:

SB344,16,23 618.61 (4) (b) 2. Promptly upon the filing of the foreign decree and the affidavit, the clerk of circuit court shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner and shall note the mailing in the docket court record. In addition, the attorney general may mail a notice of the filing of the foreign decree to the defendant and to the commissioner or the commissioner may mail such a notice to the defendant, and either may file proof of mailing with the clerk of circuit court. Failure of the clerk of circuit court to mail notice of filing shall not affect the enforcement proceedings if the attorney general or commissioner has filed proof of mailing.

SB344, s. 31 Section 31. 645.54 (3) (a) of the statutes is amended to read:

SB344,17,7 645.54 (3) (a) Definition. A lien obtainable by legal or equitable proceedings upon a simple contract is one arising in the ordinary course of such proceedings a legal or equitable proceeding upon the filing of a decree or entry or docketing of a judgment or decree in the judgment and lien docket, or upon attachment, garnishment, execution or like process, whether before, upon or after judgment or decree and whether before or upon levy. It does not include liens which under applicable law are given a special priority over other liens which are prior in time.

SB344, s. 32 Section 32. 703.16 (4) of the statutes is amended to read:

SB344,17,22 703.16 (4) ASSESSMENTS CONSTITUTE LIEN. All assessments, until paid, together with interest on them and actual costs of collection, constitute a lien on the units on which they are assessed, if a statement of lien is filed within 2 years after the date the assessment becomes due. The lien is effective against a unit at the time the assessment became due regardless of when within the 2-year period it is filed. A statement of condominium lien is filed in the land records of the clerk of circuit court of the county where the unit is located, stating the description of the unit, the name of the record owner, the amount due and the period for which the assessment was due. The clerk of circuit court shall index the statement of condominium lien under the name of the record owner in the condominium judgment and lien docket. The statement of condominium lien shall be signed and verified by an officer or agent of the association as specified in the bylaws and then may be filed. On full payment of the assessment for which the lien is claimed, the unit owner shall be entitled to a fileable satisfaction of the lien.

SB344, s. 33 Section 33. 706.13 (1) of the statutes is amended to read:

SB344,18,6 706.13 (1) In addition to any criminal penalty or civil remedy provided by law, any person who submits for filing, docketing entering in the judgment and lien docket or recording, any lien, claim of lien, lis pendens, writ of attachment or any other instrument relating to the title in real or personal property, knowing the contents or any part of the contents to be false, sham or frivolous, is liable in tort to any person interested in the property whose title is thereby impaired, for punitive damages of $1,000 plus any actual damages caused thereby by the filing, entering or recording.

SB344, s. 34 Section 34. 706.13 (3) of the statutes is amended to read:

SB344,18,10 706.13 (3) This section does not apply to a register of deeds or other government employe who acts in the course of his or her official duties and files, dockets enters or records any instrument relating to title on behalf of another person.

SB344, s. 35 Section 35. 706.15 of the statutes is amended to read:

SB344,18,17 706.15 Liens against public officials or employes. No lien may be filed, docketed entered or recorded against the real or personal property of any official or employe of the state or any political subdivision of the state, relating to an alleged breach of duty by the official or employe, except after notice and a hearing before a court of record and a finding by the court that probable cause exists that there was a breach of duty.

SB344, s. 36 Section 36. 707.34 (4) of the statutes is amended to read:

SB344,18,22 707.34 (4) JUDGMENT LIEN. A judgment for money against an association shall be a lien against all of the time shares if properly docketed entered in the judgment and lien docket under ch. 806, but, notwithstanding s. 806.15 (1), the judgment shall not constitute a lien against any other property of a time-share owner.

SB344, s. 37 Section 37. 707.37 (2) (b) of the statutes is amended to read:

SB344,19,9 707.37 (2) (b) A statement of time-share lien shall be filed in the land records of the office of the clerk of circuit court of the county where the time-share property is located, stating the description of the time-share property and the time share, the name of the time-share owner, the amount due and the period for which the assessment for time-share expenses was due. The clerk of circuit court shall index the statement of time-share lien under the name of the time-share owner in the judgment and lien docket. The statement of time-share lien shall be signed and verified by an officer or agent of the association as specified in the bylaws or, if there is no association, a representative of the time-share owners. On full payment of the assessment for which the lien is claimed, the time-share owner shall be entitled to a fileable satisfaction of the lien.

SB344, s. 38 Section 38. 755.12 of the statutes is amended to read:

SB344,19,17 755.12 Delivery of books to municipal clerk. When a municipal court ceases to operate, the docket court records, books of account, case files, moneys and bonds belonging to the court shall be delivered to the municipal clerk within 10 days after the vacancy occurs by the person who is in possession. If the municipal court was established under s. 755.01 (4), the person shall separate the dockets court records, books, files, moneys and bonds according to the municipalities involved and deliver them to the appropriate municipal clerk.

SB344, s. 39 Section 39. 755.14 (1) (intro.) of the statutes is amended to read:

SB344,19,21 755.14 (1) (intro.) When the municipal clerk receives the docket court records, books of account and case files of a municipal court which has ceased to operate, he or she shall within 10 days dispose of them as follows:

SB344, s. 40 Section 40. 755.14 (1) (b) of the statutes is amended to read:

SB344,20,2 755.14 (1) (b) Deliver the case files of the pending and appealable cases to the clerk of the circuit court of the county where the court held office and certified copies of the docket court records for the past 12 months to the clerk of the circuit court of every other county in which the municipality lies, if the municipality in which the municipal court was located is in more than one county.

SB344, s. 41 Section 41. 777.36 (2) of the statutes is amended to read:

SB344,20,6 777.36 (2) Judgments docketed entered in the judgment and lien docket against the decedent, according to the respective priority thereof, respectively of the judgments.

SB344, s. 42 Section 42. 778.14 of the statutes is amended to read:

SB344,20,17 778.14 Treasurers to collect. Every town, village and city treasurer shall demand of and recover from each municipal judge of the town, village or city, respectively, all moneys received by such the municipal judge upon judgments rendered in actions under this chapter, and every such municipal judge shall, on demand of either such treasurers a town, village or city treasurer, produce to the treasurer the court docket record for examination and all process and papers concerning or in the actions. In case of refusal or neglect by the municipal judge to pay over promptly the moneys upon demand the treasurer shall cause an action to be instituted for the recovery thereof of the moneys against the municipal judge and the sureties upon the municipal judge's official bond.

SB344, s. 43 Section 43. 779.06 (1) of the statutes is amended to read:

SB344,21,3 779.06 (1) No lien under s. 779.01 shall exist and no action to enforce the same a lien under s.779.01 shall be maintained unless within 6 months from the date the lien claimant furnished the last labor or materials a claim for such the lien is filed in the office of the clerk of circuit court of the county in which the lands affected thereby by the lien lie, and unless within 2 years from the date of filing a claim for lien an action is brought and summons and complaint filed therein. Such. A claim for a lien may be filed and docketed entered in the judgment and lien docket, and action brought, notwithstanding the death of the owner of the property affected thereby by the action or of the person with whom the original contract was made, with like effect as if he or she were then living.

SB344, s. 44 Section 44. 779.07 (title) and (1) (intro.) of the statutes are amended to read:

SB344,21,13 779.07 (title) Docket of liens Judgment and lien docket. (1) (intro.) Every clerk of the circuit court shall keep a separate judgment and lien docket, entitled "lien docket," in which shall be entered, immediately upon its filing, the proper entries under the appropriate headings specified in this subsection, relative to each claim for lien filed with the clerk of court, opposite the names of the persons against whom the lien is claimed. The names shall be entered alphabetically , or an alphabetical index shall be kept as judgment dockets are required by law to be kept. Each page of the in the judgment and lien docket shall be divided into 9 columns, with headings in the following sequence to the respective columns, as follows:

SB344, s. 45 Section 45. 779.07 (2) of the statutes is amended to read:

SB344,21,16 779.07 (2) Such The judgment and lien docket shall be presumptive evidence of the correctness of the its entries therein made.

SB344, s. 46 Section 46. 779.12 (2) of the statutes is amended to read:

SB344,21,25 779.12 (2) If any deficiency arises upon the sale in the payment of the sums adjudged to be due to any lien claimant, the court, upon confirming such the sale, may render judgment therefor for the deficiency if demanded in the pleadings against the defendant legally liable to pay the same which deficiency. The judgment may be docketed entered in the judgment and lien docket and enforced in the same manner that ordinary judgments are. The purchasers at such the sale shall be entitled to a writ of assistance under s. 815.63 to obtain possession of the premises sold.

SB344, s. 47 Section 47. 779.13 (1) of the statutes is amended to read: