LRB-3210/1
RPN:skg:mkd
1995 - 1996 LEGISLATURE
January 11, 1996 - Introduced by Representatives Green, Kreibich, Gunderson,
Freese, Lehman, Goetsch, Ainsworth, Musser and Lazich, cosponsored by
Senators Welch and Buettner. Referred to Committee on Judiciary.
AB780,1,2
1An Act to create 801.015 of the statutes;
relating to: requiring notice before the
2commencement of an action.
Analysis by the Legislative Reference Bureau
Under current law, a person commences a civil action by filing a summons and
complaint with the court and serving a copy of those documents on the person named
as defendant within 60 days after filing the summons and complaint. This bill re
quires a person who intends to commence a civil action to notify the intended defen
dant of the specific claim against him or her at least 30 days before commencing the
action. The bill requires the notice to be by 1st class mail or by delivery by a company
that delivers correspondence as a business to the public. The notice must include the
amount of actual damages and expenses related to the claim. The bill includes a
number of exceptions to the notice requirement, including actions related to the sei
zure of property, to bankruptcy or receivership proceedings, to violations of state or
local ordinances and to cases involving assets or a defendant that may disappear if
notification is provided before the action is commenced. Under the bill, if a person
fails to provide the required notice, the court may dismiss the action without preju
dice and may require the plaintiff to pay the defendant's costs, including attorney
fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB780, s. 1
3Section
1. 801.015 of the statutes is created to read:
AB780,2,2
4801.015 Precomplaint notice required.
(1) Definitions. In this section,
5"notifies" means providing written notice to a person, by 1st class mail or by delivery
1by any company that delivers correspondence as a service to the public, at an address
2reasonably calculated to provide actual notice to the person.
AB780,2,7
3(2) Notification before commencing action. (a) Except as provided under par.
4(b) and sub. (3), no civil action may be commenced until 30 days after the person who
5intends to commence the action notifies the intended defendant of the specific claim
6against the intended defendant, including the amount of actual damages and ex
7penses related to that claim.
AB780,2,108
(b) If the applicable statute of limitations would expire during the 30-day peri
9od required under par. (a), the notification period required under par. (a) is equal to
10the number of days remaining under the applicable statute of limitations.
AB780,2,12
11(3) Exceptions. The notification period under sub. (2) is not required for any
12of the following:
AB780,2,1313
(a) An action to seize or forfeit assets.
AB780,2,1514
(b) Any proceedings related to bankruptcy, conservatorship, insolvency, liqui
15dation or receivership.
AB780,2,1616
(c) An action to foreclose a lien.
AB780,2,1817
(d) An action requesting a temporary restraining order or preliminary injunc
18tive relief.
AB780,2,1919
(e) An action related to the fraudulent conveyance of property.
AB780,2,2120
(f) An action for the violation of a state statute or a county, city, village or town
21ordinance.
AB780,2,2422
(g) If it is reasonable to believe that the assets that are the subject to the in
23tended action or that would satisfy the judgment of the intended action are subject
24to flight, dissipation or destruction.
AB780,3,2
1(h) If it is reasonable to believe that the intended defendant is subject to flight
2to prevent service of process in the intended action.
AB780,3,43
(i) If the person required to give notice under sub. (2) has made a prior attempt
4to settle the claim through written contact with the intended defendant.
AB780,3,55
(j) If notice has been provided under s. 893.80 or 893.82.
AB780,3,9
6(4) Addition to pleadings. A copy of the notice provided under sub. (2) shall
7be filed as an appendix to the plaintiff's original complaint. If a notice is not provided
8under sub. (2), an appendix shall be filed with the original complaint stating the rea
9son why notice was not provided, citing the appropriate exception under sub. (3).
AB780,3,14
10(5) Penalty. The defendant may, within 60 days after service of the complaint
11upon the defendant, move for dismissal of the action if the plaintiff failed to comply
12with sub. (2). If the court finds that the plaintiff failed to comply with sub. (2), the
13court may dismiss the action without prejudice and may order the plaintiff to pay to
14the defendant the costs of defending the action, including attorney fees.
AB780,3,17
16(1) This act first applies to causes of actions that arise on the effective date of
17this subsection.
AB780,3,20
19(1)
This act takes effect on the first day of the 4th month beginning after the
20date of publication.
