AB924: Bill Text

AB924,6,18 If you wrongly claim an exemption or defense in bad faith, or if the creditor wrongly objects to your claim in bad faith, the court may order the person who acted in bad faith to pay court costs, actual damages and reasonable attorney fees.

AB924, s. 14 Section 14. 814.04 (1) (a) of the statutes is amended to read:

AB924,6,23 814.04 (1) (a) When the amount recovered or the value of the property involved is $1,000 $3,000 or over, attorney fees shall be $100 $200; when it is less than $1,000 $3,000 and is $500 $1,000 or over, $50 $150; when it is less than $500 $1,000 and is $200 $500 or over, $25 $75; and when it is less than $200, $15 $500, $50.

AB924, s. 15 Section 15. 815.18 (3) (k) of the statutes is amended to read:

AB924,7,3 815.18 (3) (k) Depository accounts. Depository accounts in the aggregate value of $1,000, but only to the extent that the account is for the debtor's personal use and is not used as a business account.

AB924, s. 16 Section 16. 895.035 (2) of the statutes is amended to read:

AB924,7,14 895.035 (2) The parent or parents with custody of a minor child, in any circumstances where he, she or they may not be liable under the common law, are liable for damages to property, for the cost of repairing or replacing property or removing the marking, drawing, writing or etching from property regarding a violation under s. 943.017, for the value of unrecovered stolen property or for personal injury attributable to a wilful, malicious or wanton act of the child. The parent or parents with custody of their minor child are jointly and severally liable with the child for the damages imposed under s. 895.80, 943.212, 943.24, 943.245 or 943.51 for their child's violation of s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61.

AB924, s. 17 Section 17. 895.08 of the statutes is created to read:

AB924,7,21 895.08 Assignments of debt. Any person may assign a debt owed to that person to any other person. The person assigning the debt shall send a notice to the debtor of the assignment by mail at the debtor last-known address within 30 days after the assignment. If the person assigning the debt fails to send a notice to the debtor within the 30-day period required by this section, the assignment is ineffective until the notice is sent to the debtor.

AB924, s. 18 Section 18. 895.80 (2) of the statutes is amended to read:

AB924,8,3 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 by a preponderance of the credible evidence. A conviction under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 is not required to bring an action, obtain a judgment or collect on that judgment under this section.

AB924, s. 19 Section 19. 895.80 (3) (a) of the statutes is repealed and recreated to read:

AB924,8,7 895.80 (3) (a) Actual damages, including the retail or replacement value of damaged, used or lost property, whichever is greater, for a violation of s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61.

AB924, s. 20 Section 20. 895.80 (3) (b) of the statutes is amended to read:

AB924,8,11 895.80 (3) (b) All costs of investigation and litigation that were reasonably incurred, including the value of the time spent by any employe or agent of the victim, court costs and reasonable attorney fees.

AB924, s. 21 Section 21. 895.80 (3) (c) of the statutes is created to read:

AB924,8,15 895.80 (3) (c) Exemplary damages of not more than 3 times the amount awarded under par. (a). No additional proof is required under this section for an award of exemplary damages under this paragraph.

AB924, s. 22 Section 22. 895.80 (4) of the statutes is repealed and recreated to read:

AB924,8,18 895.80 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938.

AB924, s. 23 Section 23. 895.80 (6) of the statutes is created to read:

AB924,8,21 895.80 (6) A person is not criminally liable under s. 943.30 for any action brought in good faith under this section.

AB924, s. 24 Section 24. 943.245 (3) of the statutes is amended to read:

AB924,8,25 943.245 (3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

AB924, s. 25 Section 25. 943.245 (4) of the statutes is amended to read:

AB924,9,10 943.245 (4) At least 20 days prior to commencing an action, as specified in s. 801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the payee or holder of the check or order to the drawer by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the check or order prior to the commencement of the action, he or she is not liable under this section.

AB924, s. 26 Section 26. 943.50 (3) of the statutes is amended to read:

AB924,9,24 943.50 (3) A merchant, a merchant's adult employe or a merchant's security agent who has reasonable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant, merchant's adult employe or merchant's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant, merchant's adult employe or merchant's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

AB924, s. 27 Section 27. 943.51 (3) of the statutes is amended to read:

AB924,10,3 943.51 (3) Notwithstanding sub. (2) and except as provided in sub. (3m), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

AB924, s. 28 Section 28. 943.51 (3m) of the statutes is amended to read:

AB924,10,8 943.51 (3m) Notwithstanding sub. (2), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $300 for each violation if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor.

AB924, s. 29 Section 29. Initial applicability.

AB924,10,11 (1) This act first applies to actions commenced on the effective date of this subsection.

AB924, s. 30 Section 30. Effective date.

AB924,10,14 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB924,10,15 (End)