LRB-3657/1
PJH:jld:md
2009 - 2010 LEGISLATURE
February 17, 2010 - Introduced by Senators Risser, Taylor and Coggs,
cosponsored by Representatives
Hraychuck, Turner, Berceau, Molepske Jr.,
Smith, Sinicki and
Brooks. Referred to Committee on Judiciary, Corrections,
Insurance, Campaign Finance Reform, and Housing.
SB541,1,2
1An Act to amend 815.29 (1) and 815.31 (1) of the statutes;
relating to: providing
2public notice of a sale of personal property or real estate on execution.
Analysis by the Legislative Reference Bureau
Under current law, a judge may order that personal property or real estate be
sold to satisfy a judgment against a person. Current law requires that public notice
of the sale be posted in three public places in the town or municipality where the sale
is to be held and, in the case of real estate, where the real estate is located, if the real
estate is not within the town or municipality where the sale is to be held.
This bill requires that public notice of the sale be posted in one public place in
the town or municipality where the sale is to be held and, in the case of real estate,
where the real estate is located, and on a Web site that is maintained by the county
where the sale is to be held and on a Web site that is maintained by the county where
the real estate is located, if the real estate is not within the town or municipality
where the sale is to be held. Under the bill, if the town or municipality where the sale
is to be held or where the real estate is located maintains a Web site, like town or
municipality may also post the notice on its Web site.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB541, s. 1
3Section
1. 815.29 (1) of the statutes is amended to read:
SB541,2,14
1815.29
(1) No execution sale of personal property shall be made unless 20 days
2previous notice of such sale has been given by posting
notices a notice thereof in
3
3public places one public place of the town or municipality where such sale is to be had
,
4specifying and, if the county where such sale is to be had maintains a Web site, by
5posting a notice on the Web site. If the town or municipality where such sale is to
6be had maintains a Web site, the town or municipality may also post a notice on its
7Web site. The notice shall specify the time and place of sale but when any property
8seized is likely to perish or depreciate in value before the expiration of the 20 days
9the court or a judge may order the same to be sold in such manner and upon such
10terms as the best interests of the parties demand. Every such sale shall be made at
11auction between the hour of 9 a.m. and 5 p.m. and no property shall be sold unless
12it is in view of those attending the sale, except in the case of the sale of the interest
13of the judgment debtor in property in the possession of a secured party. It shall be
14offered for sale in such lots and parcels as is calculated to bring the highest price.
SB541, s. 2
15Section
2. 815.31 (1) of the statutes is amended to read:
SB541,3,216
815.31
(1) The time and place of holding any sale of real estate on execution
17shall be publicly advertised by posting a written notice describing the real estate to
18be sold with reasonable certainty in
3 public places
one public place in the town or
19municipality where such real estate is to be sold
and, if the county where such real
20estate is to be sold maintains a Web site, by posting a notice on the Web site, at least
213 weeks prior to the date of sale; and also in
3 public places one public place of the
22town or municipality in which the real estate is situated, if it is not in the town or
23municipality where the sale is to be held
and, if the county where such real estate
24is situated maintains a Web site, also posting a notice on the Web site. If the town
1or municipality where such real estate is situated or is to be sold maintains a Web
2site, the town or municipality may also post a notice on its Web site.
