Amendment AA4-SB437

LRBa4982/1

PJK/RPN:skg/kaf:km

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 4, To 1995 SENATE BILL 437

May 8, 1996 - Offered by Representatives Green and Freese.

SB437-AA4,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 1, as follows:

SB437-AA4,1,5 1. Page 1, line 5: after "financing statement" insert: ", interest in real property acquired by fraudulent acts, execution against real property devoted to agricultural use".

SB437-AA4,1,6 2. Page 1, line 13: after that line insert:

SB437-AA4,1,8 " Section 1c. 815.04 (1) (a) and (b) of the statutes, as affected by 1995 Wisconsin Act .... (Senate Bill 344), are amended to read:

SB437-AA4,1,14 815.04 (1) (a) Upon Except as provided in sub. (1m), upon any judgment of a court of record perfected as specified in s. 806.06 or any judgment of any other court entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the rendition of the judgment. When an execution has been issued and returned unsatisfied in whole or in part other executions may issue at any time upon application of the judgment creditor.

SB437-AA4,2,8 (b) If no execution on a judgment as described in par. (a) is issued within 5 years after the rendition of the judgment, or, if application is made by one other than the judgment creditor, execution may, except as provided in sub. (1m), be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is served in a court of record. If the judgment debtor is absent or a nonresident, service of the notice may be by a class 3 notice, under ch. 985, or in any other manner that the court directs. Application shall be by the petition of the judgment creditor or of the assignee, setting forth that the judgment or a portion of the judgment remains unpaid, and that the petitioner is the bona fide owner of the judgment, for value.

SB437-AA4, s. 1g Section 1g. 815.04 (1m) of the statutes is created to read:

SB437-AA4,2,12 815.04 (1m) No execution may be issued against property that is devoted primarily to agricultural use, as defined in s. 91.01 (5), after 2 years after the rendition of the judgment upon which the execution is issued.

SB437-AA4, s. 1m Section 1m. 841.10 (3) of the statutes is created to read:

SB437-AA4,2,15 841.10 (3) If the court finds that any interest of the defendant has arisen solely as a result of fraudulent acts, the court shall declare the interest void.

SB437-AA4, s. 1p Section 1p. 841.12 of the statutes is created to read:

SB437-AA4,2,19 841.12 Joinder. An action under this chapter may be joined with any other civil action or proceeding that affects or may affect title to the real property that is the subject of the action under this chapter.".

SB437-AA4,2,23 3. Page 3, line 1: delete "This act first applies" and substitute: "The treatment of sections 409.404 (1) (d), 943.60 (1), 946.68 (1) (c) and (2) and 946.69 (2) (intro.) of the statutes and the renumbering and amendment of section 946.68 (1) of the statutes first apply".

SB437-AA4,2,24 4. Page 3, line 2: after that line insert:

SB437-AA4,3,3 "(2) The treatment of section 815.04 (1) (a) and (b) and (1m) of the statutes first applies to executions issued on judgments rendered on the effective date of this subsection.".

SB437-AA4,3,4 (End)