SB344,40,33
A.B., Creditor File or Reference Number.....
SB344,40,55
C.D., Debtor GARNISHMENT
SB344,40,77
E.F., Garnishee
SB344,40,99
To the Clerk of Circuit Court:
SB344,40,1710
Please take and file notice that the creditor has today commenced an earnings
11garnishment action under subchapter II of chapter 812 of the Wisconsin Statutes
12against the debtor and the garnishee to collect an unsatisfied civil judgment. The
13judgment was entered on the .... day of ...., 19.., by .... (County Circuit or Federal
14District) Court. The case number of the action in which the judgment is entered is
15.... [and a transcript of the judgment was
docketed
entered in this county in file
16number ....]. The creditor's total claim for the unsatisfied portion of this judgment
17plus statutory interest and costs is $....
SB344,40,1918
The names and addresses last known to the creditor of the parties to this
19proceeding are as follows:
SB344,40,2222
Address: ....
SB344,41,1
1Address: ....
SB344,41,44
Address: ....
SB344,41,55
Creditor's Attorney
SB344,41,77
Address: ....
SB344,41,88
Signature of Creditor or Creditor's Attorney: ....
SB344, s. 108
10Section
108. 814.10 (1) of the statutes is amended to read:
SB344,41,1511
814.10
(1) C
LERK'S DUTY, NOTICE, REVIEW. The clerk
of circuit court shall tax and
12insert in the judgment and in the
judgment and lien docket
thereof, if the
same 13judgment shall have been
docketed
entered, on the application of the prevailing
14party, upon
three 3 days' notice to the other, the sum of the costs and disbursements
15as
above provided
in this chapter, verified by affidavit.
SB344, s. 109
16Section
109. 814.60 (1) of the statutes is amended to read:
SB344,41,2217
814.60
(1) In a criminal action, the clerk of
circuit court shall collect a fee of
18$20 for all necessary filing, entering
, docketing or recording, to be paid by the
19defendant when judgment is entered against the defendant. Of the fees received by
20the clerk
of circuit court under this subsection, the county treasurer shall pay 50%
21to the state treasurer for deposit in the general fund and shall retain the balance for
22the use of the county.
SB344, s. 110
23Section
110. 814.61 (5) (a) of the statutes is amended to read:
SB344,42,3
1814.61
(5) (a) Issuing executions, certificates, commissions to take depositions,
2transcripts from
the judgment
and lien docket, and any writs not commencing an
3action or special proceeding.
SB344, s. 111
4Section
111. 814.61 (5) (b) of the statutes is amended to read:
SB344,42,85
814.61
(5) (b) Filing and
docketing
entering judgments, transcripts of
6judgments, liens, warrants and awards, including filing and
docketing entering 7assignments or satisfactions of judgments, liens or warrants and withdrawals,
8satisfactions and voidances of tax warrants under s. 71.91 (5) (g).
SB344, s. 112
9Section
112. 814.61 (11) of the statutes is amended to read:
SB344,42,1310
814.61
(11) S
EARCHES. For searching files or records to locate any one action
11when the person requesting the
same search does not furnish the
docket or file case 12number of the action, or to ascertain the existence or nonexistence of any instrument
13or record in the
clerk's custody
of the clerk of circuit court, $5.
SB344, s. 113
14Section
113. 814.66 (1) (j) of the statutes is amended to read:
SB344,42,1815
814.66
(1) (j) For searching files or records to locate any one action when the
16person requesting the
same search does not furnish the
docket or file case number
17of the action, or to ascertain the existence or nonexistence of any instrument or record
18in the
clerk's custody
of the clerk of circuit court, $4.
SB344, s. 114
19Section
114. 815.04 (1) of the statutes is renumbered 815.04 (1) (a) and
20amended to read:
SB344,43,221
815.04
(1) (a) Upon any judgment of a court of record perfected as specified in
22s. 806.06 or any judgment of any other court
docketed in entered in the judgment
23and lien docket of a court of record, execution may issue at any time within 5 years
24after the rendition
thereof, and when of the judgment. When an execution
shall have
1has been
so issued and returned unsatisfied in whole or in part other executions may
2issue at any time upon application of the judgment creditor.
But if
SB344,43,12
3(b) If no execution
was on a judgment as described in par. (a) is issued within
4said 5 years
after the rendition of the judgment, or, if application
be is made by one
5other than the judgment creditor, execution
shall issue may be issued only upon
6leave of the court, in its discretion, upon prior notice to the judgment debtor, served
7as a summons is served
, in a court of record. If the judgment debtor is absent or a
8nonresident, service of the notice may be by a class 3 notice, under ch. 985, or in
such 9any other manner
as that the court directs. Application shall be by the petition of
10the judgment creditor or of the assignee, setting forth that
such the judgment or a
11portion
thereof of the judgment remains unpaid, and that the petitioner is the bona
12fide owner
thereof of the judgment, for value
; but no.
SB344,43,14
13(c) No executions shall issue or any proceedings be
had commenced upon any
14judgment after 20 years from the rendition
thereof
of the judgment.
SB344, s. 115
15Section
115. 815.05 (intro.) of the statutes is amended to read:
SB344,44,2
16815.05 execution, how issued; contents. (intro.) The execution
must shall 17be issued from and
be sealed with the seal of the court and signed by the clerk
of
18circuit court where the judgment
roll, or a certified copy
thereof of the judgment, or
19the transcript of the municipal judge's judgment is filed
,
. The execution shall be 20directed to the sheriff, or
the coroner if the sheriff is a party or interested,
and 21countersigned by the owner or his or her attorney
, and must. The execution shall 22intelligibly refer to the judgment, stating the court, the county where the judgment
23roll or a certified copy
thereof
of the judgment or the transcript is filed, the names
24of the parties, the amount of the judgment, if it is for money,
and the amount due
25thereon on the judgment, and the time of
docketing entry in the judgment and lien
1docket in the county to which the execution is issued
, and shall. The execution shall 2require the officer, substantially as follows:
SB344, s. 116
3Section
116. 815.05 (1) of the statutes is amended to read:
SB344,44,84
815.05
(1) If it be against the property of the judgment debtor, to satisfy the
5judgment out of the personal property of
such the debtor, and if sufficient personal
6property cannot be found, out of the real property belonging to the judgment debtor
7on the day when the judgment was
docketed entered in the judgment and lien docket 8in the county or at any time thereafter.
SB344, s. 117
9Section
117. 815.05 (6) of the statutes is amended to read:
SB344,44,2310
815.05
(6) If it is for the delivery of property, to deliver the possession of the
11same property, particularly describing
it the property, to the party entitled
thereto 12to the property, and may require the officer to satisfy any costs, damages or rents and
13profits covered by the judgment out of the personal property of the party against
14whom
it the judgment was rendered, and shall specify the value of the property for
15which the judgment was recovered
; if a. If delivery of the property
cannot be had is
16not possible and if sufficient personal property cannot be found,
then the officer may
17satisfy the judgment out of the real property belonging to the person against whom
18the execution was rendered on the day when the judgment was
docketed entered in
19the judgment and lien docket or at any time thereafter. When a judgment in replevin
20is entered against the principal and also against the principal's sureties under s.
21810.15, the execution shall direct that the property of the surety shall not be levied
22on unless the property found, belonging to the principal, is not sufficient to satisfy
23the judgment.
SB344, s. 118
24Section
118. 815.07 of the statutes is amended to read:
SB344,45,7
1815.07 To what county issued. When the execution is against the property
2of the judgment debtor
it, the execution may be issued to the sheriff of any county
3where the judgment is
docketed entered in the judgment and lien docket. When
it 4the execution requires the delivery of real or personal property
it must, the execution
5shall be issued to the sheriff of the county where the property or some part
thereof 6of the property is situated. Executions may be issued at the same time to different
7counties.
SB344, s. 119
8Section
119. 815.20 (2) of the statutes is amended to read:
SB344,45,159
815.20
(2) Any owner of an exempt homestead against whom a judgment has
10been rendered and
docketed entered in the judgment and lien docket, and any heir,
11devisee or grantee of
such the owner, or any mortgagee of
such the homestead, may
12proceed under s. 806.04 for declaratory relief if
such
the homestead is less than
13$40,000 in value and the owner of
such the judgment shall fail, for 10 days after
14demand, to execute a recordable release of
such the homestead from the judgment
15owner's judgment lien.
SB344, s. 120
16Section
120. 815.53 (1) of the statutes is amended to read:
SB344,45,1817
815.53
(1) A certified copy of the
docket of the creditor's judgment or of the
18record of the creditor's mortgage.
SB344, s. 121
19Section
121. 815.62 of the statutes is amended to read:
SB344,46,8
20815.62 Lien, how preserved after execution sale; clerk's fee. To preserve
21the lien of the original judgment upon lands and subject them to sale on execution
22under s. 815.61, the person aggrieved shall, within 20 days after the payment for
23which he or she claims a contribution, file an affidavit with the clerk of
the circuit 24court in which the original judgment was rendered, stating the sum paid and his or
25her claim to use the judgment for the reimbursement
thereof; and the of the payment.
1The clerk
of circuit court shall enter in the
margin of the judgment and lien docket
2of the judgment, the sum
so paid and that the judgment is claimed to be a lien
to
in 3that amount. To preserve the lien upon property situated in
some other a county
4other than the county where the circuit court that rendered the judgment is located,
5a similar affidavit and notice
must shall be filed with the clerk of
the circuit court
for
6that county and a like entry made upon the
judgment and lien docket
of the judgment 7in that county. The
clerk's fee
of the clerk of circuit court for making the entry
upon
8the docket is prescribed in s. 814.61 (5).
SB344, s. 122
9Section
122. 815.63 of the statutes is amended to read:
SB344,46,24
10815.63 Sheriff's deed; writ of assistance. Whenever title has been
11perfected to any real estate sold on execution, or to any part or interest in the real
12estate, and the defendant in execution
, or any other person claiming under the
13defendant by title accruing subsequently to the
docketing entry of the judgment
in
14the judgment and lien docket upon which
it the judgment was issued
, shall be in
15possession of that real estate or part or interest in that real estate, and
, upon demand
16of the person in whom
such the title has been perfected, refuses to surrender the
17possession
, the person may apply to the court from which the execution issued, by
18verified petition, for a writ of assistance to obtain possession. A copy of this petition,
19with a notice of the time and place when and where the petition will be presented,
20must shall be served upon the person against whom the writ is
prayed issued at least
2110 days before the petition is presented
; the. The petition may be served as a
22summons in an action in the circuit court. The court may direct
such the writ to issue,
23and the writ shall be executed and return made in the same manner as upon a sale
24upon a judgment for foreclosure of a mortgage.
SB344, s. 123
25Section
123. 821.05 of the statutes is amended to read:
SB344,47,4
1821.05 Costs of certification. Fees and costs shall be the same as in civil
2appeals
docketed before filed in the court of appeals and shall be equally divided
3between the parties unless otherwise ordered by the certifying court in its order of
4certification.
SB344, s. 124
5Section
124. 846.04 of the statutes is amended to read:
SB344,47,15
6846.04 Deficiency, judgment for. The plaintiff may
, in the
plaintiff's 7complaint
, demand judgment for any deficiency
which that may remain due the
8plaintiff after sale of the mortgaged premises against every party who is personally
9liable for the debt secured by the mortgage
and judgment
. Judgment may be
10rendered for any
such deficiency remaining after applying the proceeds of sale to the
11amount due
may in such case be rendered. Such. The judgment for deficiency shall
12be ordered in the original judgment and separately rendered against the party liable
13on or after the
coming in and confirmation
of the report of sale
, and be docketed. The 14judgment for deficiency shall be entered in the judgment and lien docket and
15enforced as in other cases.
SB344, s. 125
16Section
125. 846.25 of the statutes is amended to read:
SB344,47,20
17846.25 Discharge after foreclosure. After a mortgage has been foreclosed
18by action and the judgment and costs have been paid and satisfaction of the mortgage
19entered upon the
docket court record, the clerk
of circuit court, on request, shall sign
20a certificate attesting to
such those facts, which certificate is entitled to record.
SB344, s. 126
21Section
126. 879.43 (3) of the statutes is amended to read:
SB344,47,2422
879.43
(3) (title)
Docket Entry. Judgments may be
docketed
entered in the
23judgment and lien docket in the office of the clerk of circuit court, upon the filing of
24a certified transcript of the judgment.
SB344, s. 127
25Section
127. 879.43 (4) of the statutes is amended to read:
SB344,48,2
1879.43
(4) L
ien. A judgment
when docketed is entered in the judgment and lien 2docket creates a lien upon the real estate of the debtor under s. 806.15.
SB344, s. 128
3Section
128. 943.60 (1) and (3) of the statutes are amended to read:
SB344,48,74
943.60
(1) Any person who submits for filing,
docketing entering or recording
5any lien, claim of lien, lis pendens, writ of attachment or any other instrument
6relating to title in real or personal property, knowing the contents or any part of the
7contents to be false, sham or frivolous, is guilty of a Class E felony.
SB344,48,10
8(3) This section does not apply to a register of deeds or other government
9employe who acts in the course of his or her official duties and files,
dockets enters 10or records any instrument relating to title on behalf of another person.
SB344, s. 129
11Section
129. 973.09 (3) (b) of the statutes is amended to read:
SB344,49,212
973.09
(3) (b) The department shall notify the sentencing court, any person to
13whom unpaid restitution is owed and the district attorney of the status of the ordered
14payments unpaid at least 90 days before the probation expiration date. If payment
15as ordered has not been made, the court shall hold a probation review hearing prior
16to the expiration date, unless the hearing is voluntarily waived by the probationer
17with the knowledge that waiver may result in an extension of the probation period
18or in a revocation of probation. If the court does not extend probation, it shall issue
19a judgment for the unpaid restitution and direct the clerk
of circuit court to file and
20docket a transcript of enter the judgment
in the judgment and lien docket, without
21fee, unless it finds that the victim has already recovered a judgment against the
22probationer for the damages covered by the restitution order. If the court issues a
23judgment for the unpaid restitution, the court shall send to the person at his or her
24last-known address written notification that a civil judgment has been issued for the
1unpaid restitution. The judgment has the same force and effect as judgments
2docketed entered under s. 806.10.
SB344, s. 130
3Section
130.
Effective dates. This act takes effect on the day after
4publication, except as follows:
SB344,49,6
5(1)
The treatment of sections 50.05 (15) (f) and 51.42 (3) (d) 12. f. of the statutes
6takes effect on July 1, 1996.