In deciding a motion under sub. (1) (h), the circuit court should examine the allegations accompanying the motion, assume they are true, and determine whether they present extraordinary or unique facts justifying relief under sub. (1) (h). The circuit court should consider whether unique or extraordinary facts exist that are relevant to the competing interests of finality of judgments and relief from unjust judgments. If the circuit court finds extraordinary or unique facts from the court's review of the motion materials, the court should hold a hearing to decide the truth or falsity of the allegations. Thoma v. Village of Slinger, 2018 WI 45
, 381 Wis. 2d 311
, 912 N.W.2d 56
Too Late? Interests of Justice Trump Default Judgments. Nelson. Wis. Law. Nov. 2012.
Stay of proceedings to enforce a judgment. 806.08(1)(1)
Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. Subsection (3)
governs the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial, or to alter or amend a judgment, or of a motion for relief from a judgment or order.
When an appeal is taken from an interlocutory or final judgment or appealable order granting, dissolving or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.
When an appeal is taken, the appellant may obtain a stay in accordance with s. 808.07
This section does not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the existing state of affairs or the effectiveness of the judgment subsequently to be entered.
When a court has rendered a final judgment under the conditions stated in s. 806.01 (2)
, the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.
Sup. Ct. Order, 67 Wis. 2d 585, 726 (1975); Sup. Ct. Order, 67 Wis. 2d vii (1975); 1977 c. 187
; 1979 c. 110
s. 60 (9)
Restitution in case of reversed judgment; purchaser for value. 806.09(1)(1)
If any judgment or part of a judgment is collected and such judgment is afterwards set aside or reversed, the trial court shall order the same to be restored with interest from the time of the collection, but in case a new trial is ordered the party who has collected the judgment may retain the same pending the new trial, upon giving a bond in such sum and with such sureties as the court shall order, conditioned for the restoration of the amount collected with interest from the time of collection. The order of restitution may be obtained upon proof of the facts upon notice and motion and may be enforced as a judgment. Nothing herein shall affect or impair the right or title of a purchaser for value in good faith without notice.
Whenever in a civil action on appeal to the court of appeals or the supreme court the appellant fails to stay execution and pending the appeal the sheriff or other officer collects all or any part of the judgment appealed from, the officer collecting the judgment shall deposit the amount collected, less the officer's fees, with the clerk of the court out of which execution issued. In case of reversal on the appeal, restitution may be made in accordance with sub. (1)
. In case of affirmance the clerk shall pay over the deposit to the judgment creditor on the filing of the remittitur from the court of appeals or the supreme court.
Sup. Ct. Order, 67 Wis. 2d 585, 728 (1975); 1975 c. 218
; 1977 c. 187
Judgment and lien docket. 806.10(1)(1)
At the time of entry of a judgment directing in whole or in part the payment of money, or a judgment naming a spouse under s. 806.15 (4)
, and upon payment of the exact amount of the fee prescribed in s. 814.61 (5) (b)
, the clerk of circuit court shall enter the judgment in the judgment and lien docket, arranged alphabetically, including all of the following:
The full name and place of residence of each judgment debtor and of the spouse or former spouse of the judgment debtor if the spouse is named in a judgment described under s. 806.15 (4)
. If the judgment or judgment and lien docket fails to give the place of residence of the judgment debtor or the judgment debtor's spouse or former spouse, the validity of the judgment is not affected thereby, but the judgment creditor may at any time file with the clerk of circuit court an affidavit stating, on knowledge or information and belief, the information. The clerk of circuit court shall thereupon enter the facts according to the affidavit in the judgment and lien docket, noting the date and time of the entry.
The name of the judgment creditor, in like manner.
The name of the attorney for the judgment creditor, if stated in the record.
The amount of the debt, damages or other sum of money recovered, with the costs.
If a judgment is against several persons, the clerk of circuit court shall enter the judgment, in accordance with the procedure under sub. (1)
in the judgment and lien docket under the name of each person against whom the judgment was rendered.
Whenever any judgment entered in the judgment and lien docket is reversed and the remittitur filed, the clerk of circuit court shall enter “reversed on appeal" on the judgment and lien docket.
Every clerk of circuit court who enters a judgment or decree and enters upon the judgment and lien docket a date or time other than that of its actual entry or neglects to enter the same at the proper time shall be liable to the party injured.
Sup. Ct. Order, 67 Wis. 2d 585, 729 (1975); 1975 c. 218
; 1983 a. 303
; 1987 a. 151
; 1991 a. 134
; 1995 a. 224
; 1997 a. 27
Neglect to docket a judgment at the proper time under sub. (3) means to neglect to enter judgment immediately upon the entry of the judgment. An action against a clerk of court for incorrectly docketing a judgment under sub. (3) is subject to the 6-year statute of limitations under s. 893.93 (1) (a). South Milwaukee Savings Bank v. Barrett, 2000 WI 48
, 234 Wis. 2d 733
, 611 N.W.2d 448
Sub. (1) does not impose a ministerial duty on a clerk of circuit court to include the address of a judgment debtor on the judgment docket when the judgment does not include that information. Commercial Mortgage & Finance Co. v. Clerk of the Circuit Court, Walworth County, 2004 WI App 203
, 276 Wis. 2d 846
, 689 N.W.2d 74
The clerk of court did not violate sub. (1) by failing to docket a foreclosure judgment. The ensuing deficiency judgment, not the foreclosure judgment, constitutes the only judgment eligible for docketing under sub. (1). Commercial Mortgage & Finance Co. v. Clerk of the Circuit Court, Walworth County, 2004 WI App 203
, 276 Wis. 2d 846
, 689 N.W.2d 74
Delinquent income or franchise tax lien. 806.11(1)(a)
The name of each delinquent income or franchise tax debtor, with place of residence if it is stated in the warrant.
The amount of delinquent income or franchise taxes with interest, penalties and costs as set forth in the warrant.
If a warrant provided by s. 71.74 (14)
, 71.91 (5)
, or 71.93 (8) (b) 5.
is against several persons, the warrant shall be entered, in accordance with the procedure under sub. (1)
, in the judgment and lien docket under the name of each person against whom the warrant was issued.
Sup. Ct. Order, 67 Wis. 2d 585, 730 (1975); 1975 c. 218
; 1985 a. 145
; 1987 a. 312
; 1991 a. 39
; 1995 a. 224
; 2009 a. 28
Filing of duplicate copy of warrant.
The department of revenue may file in any county a duplicate copy of a warrant filed under s. 71.74 (14)
, 71.91 (5)
, or 71.93 (8) (b) 5.
and the clerk of circuit court shall enter the duplicate copy on the judgment and lien docket as provided in s. 806.11
. When so entered, the duplicate copy shall have the same legal effect as the warrant filed under s. 71.91 (5)
Transcript of municipal judge's judgment. 806.12(1)(1)
The clerk of circuit court shall, upon the production of a duly certified transcript of a judgment for more than $10, exclusive of costs, rendered by any municipal judge in the county, enter the judgment in the judgment and lien docket of the court in the manner prescribed in s. 806.10
. When the transcript shows that execution was stayed in the municipal court, with the name of the surety thereof, the clerk of circuit court shall enter the judgment against the surety as well as the judgment debtor, and the surety shall be bound thereby as a judgment debtor and the surety's property shall be subject to lien and be liable on the lien to the same extent as the surety's principal.
Every judgment entered in the judgment and lien docket under sub. (1)
, from the time of the filing of the transcript of the judgment, shall be considered the judgment of the circuit court. The judgment shall be equally under the control of the circuit court and municipal court. The judgment shall be carried into execution, both as to the principal judgment debtor and the debtor's surety, if any, in the same manner and with like effect as judgments of the circuit court, except that no action can be brought upon the judgment as a judgment of the circuit court nor execution issued on that judgment after the expiration of the period of the lien of the judgment on real estate provided by s. 806.15
Sup. Ct. Order, 67 Wis. 2d 585, 731 (1975); 1975 c. 218
; 1977 c. 305
; 1995 a. 224
Judgments entered in other counties.
When a judgment is entered as provided in ss. 806.10
, or a warrant is entered as provided in s. 108.22 (2) (a)
, it may be entered in any other county, upon filing with the clerk of circuit court of that county a transcript from the original judgment and lien docket, certified to be a true copy by the clerk of the original circuit court.
Sup. Ct. Order, 67 Wis. 2d 585, 731 (1975); 1975 c. 224
; 1987 a. 38
; 1995 a. 224
Enforcement of real estate judgment in other counties.
If a judgment affecting real property is rendered in any county other than that in which the property is situated, the clerk of circuit court of the county where the property is situated shall, upon production of a duly certified copy of the judgment and payment of the fee specified by s. 814.61 (5) (b)
, file and enter the judgment in the judgment and lien docket. The judgment may be enforced in the circuit court for either county.
Sup. Ct. Order, 67 Wis. 2d 585, 732 (1975); Sup. Ct. Order, 109 Wis. 2d xiii (1982); 1995 a. 224
Judicial Council Note, 1982: This section is amended by deleting provision for a trial court to order the transfer of all papers, entries, orders and minutes in an action affecting real property to the clerk of circuit court for the county in which the property is situated. The revised statute retains provision for the docketing of a certified copy of the judgment by the clerk of circuit court for the county where the property is situated, giving that court concurrent jurisdiction to enforce the judgment. [Re Order effective Jan. 1, 1983]
Lien of judgment; priority; statute may be suspended. 806.15(1)(1)
Every judgment properly entered in the judgment and lien docket showing the judgment debtor's place of residence shall, for 10 years from the date of entry, be a lien on all real property of every person against whom the judgment is entered which is in the county where the judgment is rendered, except homestead property that is exempt from execution under s. 815.20
, and which the person has at the time of the entry or which the person acquires thereafter within the 10-year period.
When the collection of the judgment or the sale of the real estate upon which the judgment is a lien shall be delayed by law, and the judgment creditor shall have caused to be entered on the judgment and lien docket “enforcement suspended by injunction" or otherwise, as the case may be, and that entry is dated, the time period of the delay after the date of the entry shall not be considered part of the 10-year period under sub. (1)
Whenever an appeal from any judgment shall be pending and the bond or deposit requisite to stay execution has been given or made, the trial court may, on motion, after notice to the judgment creditor, on such terms as the trial court shall see fit, direct the clerk of circuit court to enter on the judgment and lien docket that the judgment is “secured on appeal" and the judgment shall cease, during the pendency of the appeal, to be a lien.
If the judgment is affirmed on appeal or the appeal is dismissed the clerk of circuit court shall, on the filing of the remittitur, enter on the judgment and lien docket “lien restored by affirmance" or “lien restored by dismissal of appeal" with the date of the entry, and the lien shall be restored. Similar entries may be made with like effect upon the judgment and lien docket of the judgment in any other county upon filing with the clerk of circuit court a transcript from the original judgment and lien docket.
A lien under this section does not attach to property that is held, as defined in s. 766.01 (9)
, by a person who is the spouse or former spouse of a judgment debtor and that is not held by the judgment debtor, unless the spouse of the judgment debtor is a named defendant in the action for which judgment is rendered, the spouse of the judgment debtor is named in the judgment itself, the obligation is determined an obligation described in s. 766.55 (2)
and any of the following applies:
With respect to property held by the spouse of the judgment debtor when the judgment is entered in the judgment and lien docket, the property is expressly determined available under s. 766.55
to satisfy the obligation.
The property is acquired after the judgment is entered in the judgment and lien docket.
If a judgment lien has attached under sub. (4) (b)
to property that is exempt under s. 815.205 (1)
from execution on the judgment lien and execution has not been issued in connection with the enforcement of the judgment lien, a person with an ownership interest in the property may proceed under s. 806.04
for declaratory relief if, within 10 days after demand, the owner of the judgment fails to execute a recordable release of the property from the judgment lien.
History: 1973 c. 211
; Sup. Ct. Order, 67 Wis. 2d 585, 732 (1975); 1975 c. 200
; 1985 a. 37
; 1987 a. 393
; 1991 a. 301
; 1995 a. 224
A judgment creditor who obtains a lien on land by docketing a judgment is not a purchaser for value, and the fact that a judgment creditor may be without notice of a prior equitable interest when the judgment is docketed is not sufficient to give the lien priority over that of a prior equitable mortgagee. The failure of notice does not inure to the benefit of a subsequent judgment creditor as he or she does not part with any value in reliance on the misleading state of the debtor's title. IFC Collateral Corp. v. Commercial Units, Inc. 51 Wis. 2d 41
, 186 N.W.2d 214
By entering a judgment in the judgment and lien docket, a judgment creditor obtains a 10-year statutory lien on real property of the debtor located in the county in which the judgment was docketed, but does not create a statutory lien on the debtor's personal property. Instead, a judgment creditor obtains an unsecured, inchoate interest with regard to the debtor's personal property, tangible and intangible, against which to levy. Execution, garnishment, and turnover orders applying property in satisfaction of a judgment are all methods of levying the judgment debtor's personal property. Associated Bank N.A. v. Collier, 2014 WI 62
, 355 Wis. 2d 343
, 852 N.W.2d 443
In bankruptcy proceedings, the lien of a judgment obtained before discharge was not extinguished by discharge and could be applied to the proceeds of the bankruptcy sale of the real estate to which the lien attached. Wisconsin statutes do not provide that the lien is automatically extinguished by the discharge in bankruptcy; rather, they require an application by the discharged bankrupt to the court in which the judgment was entered, and the entry by that court of an order of satisfaction. In re Tillman Produce Co., Inc. 396 F. Supp. 500
Creditor's rights; after-acquired property. Norman, 56 MLR 137.
Bankruptcy and the Wisconsin judgment lien. Doran. WBB March 1984.
Judgment lien claimants' rights against homestead exemption interests: An equitable distribution of mortgage foreclosure sale proceeds. 1981 WLR 697.
Appellate court judgment, entry.
The clerk of the supreme court, on demand and upon payment of $1, shall furnish a certified transcript of any money judgment of the court of appeals or the supreme court, which transcript may be filed and entered in the judgment and lien docket in the office of any clerk of circuit court in the manner that other judgments are entered and shall then be a lien for the same time as circuit court judgments on the real property in the county where entered. If the court of appeals or supreme court remits its judgment for the recovery of money or for costs to the lower court, the judgment shall be entered by the clerk of the lower court and shall have the like force and effect as judgments of the circuit court that are entered.
Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975); 1977 c. 187
; 1995 a. 224
Entering federal judgments.
Every judgment and decree requiring the payment of money rendered in a district court of the United States within this state shall be a lien upon the real property of the judgment debtor situated in the county in which it is entered, the same as a judgment of the state court. A transcript of the judgment may be filed with the clerk of circuit court of any other county and shall be entered in the office of the clerk of circuit court as in the case of judgments and decrees of the state courts and with like effect, on payment of fees as provided in s. 814.61 (5)
Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975); 1975 c. 218
; 1981 c. 317
; 1995 a. 224
Assignment of judgment. 806.18(1)(1)
When a duly acknowledged assignment of a judgment is filed, the clerk of circuit court shall enter the assignment on the judgment and lien docket.
An assignment may be made by an entry on the judgment and lien docket thus: “I assign this judgment to A.B.", signed by the owner, with the date affixed and witnessed by the clerk of circuit court.
Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975); 1975 c. 218
; 1995 a. 224
Satisfaction of judgments. 806.19(1)(a)
A judgment may be satisfied in whole or in part or as to any judgment debtor by an instrument signed and acknowledged by the owner or, if no assignment has been filed, by the owner's attorney of record, or by an acknowledgment of satisfaction, signed and entered on the judgment and lien docket in the county where first entered, with the date of entry, and witnessed by the clerk of circuit court. Every satisfaction of a part of a judgment or as to some of the judgment debtors shall state the amount paid on the judgment or for the release of the debtors, naming them.
No satisfaction by an attorney shall be conclusive upon the judgment creditor in respect to any person who has notice of revocation of the authority of such attorney, before any payment made thereon or before any purchase of property bound by such judgment has been effected.
On filing a duly executed satisfaction, the clerk of circuit court shall enter the satisfaction on the court record of the case and shall enter a statement of the substance of the satisfaction, including the amount paid, on the judgment and lien docket with the date of filing the satisfaction.
When an execution is returned satisfied in whole or in part the judgment is considered satisfied to the extent of the amount so returned unless the return is vacated. The clerk of circuit court shall enter in the judgment and lien docket that the amount stated in the return has been collected.
For the purpose of paying any money judgment, the debtor may deposit with the clerk of circuit court in which the judgment was entered the amount of liability on the judgment. The clerk of circuit court shall give the debtor a certificate showing the date and amount of the deposit and identifying the judgment. The clerk of circuit court shall immediately note on the judgment and lien docket the amount and date of the deposit. The debtor shall immediately give written notice to the owner of record of the judgment and to the owner's attorney of record, personally, or by registered mail, to the last-known post-office address, stating the amount, date and purpose of the deposit, and that it is held subject to the order of the judgment owner. Ten days after giving the notice, the clerk of circuit court shall, upon filing proof of service, satisfy the judgment of record, unless the trial court otherwise orders. Acceptance by the owner of the sum deposited has the same legal consequences that payment direct by the debtor would have. Payment to the clerk shall include the fee prescribed in s. 814.61 (5)
Any person who has secured a discharge of a judgment debt in bankruptcy and any person interested in real property to which the judgment attaches may submit an application for an order of satisfaction of the judgment and an attached order of satisfaction to the clerk of the court in which the judgment was entered.
The application and attached order shall be in substantially the following form:
APPLICATION FOR ORDER OF SATISFACTION OF JUDGMENTS DUE TO DISCHARGE IN BANKRUPTCY
TO: Clerk of Circuit Court
1. .... (Name of judgment debtor) has received an order of discharge of debts under the bankruptcy laws of the United States, a copy of which is attached, and .... (Name of judgment debtor or person interested in real property) applies for satisfaction of the following judgments:
.... (List of judgments by case name, case number, date and, if applicable, judgment and lien docket volume and page number.)