SB344: Bill Text

SB344, s. 108 Section 108. 814.10 (1) of the statutes is amended to read:

SB344,41,15 814.10 (1) CLERK'S DUTY, NOTICE, REVIEW. The clerk of circuit court shall tax and insert in the judgment and in the judgment and lien docket thereof, if the same judgment shall have been docketed entered, on the application of the prevailing party, upon three 3 days' notice to the other, the sum of the costs and disbursements as above provided in this chapter, verified by affidavit.

SB344, s. 109 Section 109. 814.60 (1) of the statutes is amended to read:

SB344,41,22 814.60 (1) In a criminal action, the clerk of circuit court shall collect a fee of $20 for all necessary filing, entering, docketing or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, the county treasurer shall pay 50% to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county.

SB344, s. 110 Section 110. 814.61 (5) (a) of the statutes is amended to read:

SB344,42,3 814.61 (5) (a) Issuing executions, certificates, commissions to take depositions, transcripts from the judgment and lien docket, and any writs not commencing an action or special proceeding.

SB344, s. 111 Section 111. 814.61 (5) (b) of the statutes is amended to read:

SB344,42,8 814.61 (5) (b) Filing and docketing entering judgments, transcripts of judgments, liens, warrants and awards, including filing and docketing entering assignments or satisfactions of judgments, liens or warrants and withdrawals, satisfactions and voidances of tax warrants under s. 71.91 (5) (g).

SB344, s. 112 Section 112. 814.61 (11) of the statutes is amended to read:

SB344,42,13 814.61 (11) SEARCHES. For searching files or records to locate any one action when the person requesting the same search does not furnish the docket or file case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the clerk's custody of the clerk of circuit court, $5.

SB344, s. 113 Section 113. 814.66 (1) (j) of the statutes is amended to read:

SB344,42,18 814.66 (1) (j) For searching files or records to locate any one action when the person requesting the same search does not furnish the docket or file case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the clerk's custody of the clerk of circuit court, $4.

SB344, s. 114 Section 114. 815.04 (1) of the statutes is renumbered 815.04 (1) (a) and amended to read:

SB344,43,2 815.04 (1) (a) Upon any judgment of a court of record perfected as specified in s. 806.06 or any judgment of any other court docketed in entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the rendition thereof, and when of the judgment. When an execution shall have has been so issued and returned unsatisfied in whole or in part other executions may issue at any time upon application of the judgment creditor. But if

SB344,43,12 (b) If no execution was on a judgment as described in par. (a) is issued within said 5 years after the rendition of the judgment, or, if application be is made by one other than the judgment creditor, execution shall issue may 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 such any other manner as that the court directs. Application shall be by the petition of the judgment creditor or of the assignee, setting forth that such the judgment or a portion thereof of the judgment remains unpaid, and that the petitioner is the bona fide owner thereof of the judgment, for value; but no.

SB344,43,14 (c) No executions shall issue or any proceedings be had commenced upon any judgment after 20 years from the rendition thereof of the judgment.

SB344, s. 115 Section 115. 815.05 (intro.) of the statutes is amended to read:

SB344,44,2 815.05 execution, how issued; contents. (intro.) The execution must shall be issued from and be sealed with the seal of the court and signed by the clerk of circuit court where the judgment roll, or a certified copy thereof of the judgment, or the transcript of the municipal judge's judgment is filed, . The execution shall be directed to the sheriff, or the coroner if the sheriff is a party or interested, and countersigned by the owner or his or her attorney, and must. The execution shall intelligibly refer to the judgment, stating the court, the county where the judgment roll or a certified copy thereof of the judgment or the transcript is filed, the names of the parties, the amount of the judgment, if it is for money, and the amount due thereon on the judgment, and the time of docketing entry in the judgment and lien docket in the county to which the execution is issued, and shall. The execution shall require the officer, substantially as follows:

SB344, s. 116 Section 116. 815.05 (1) of the statutes is amended to read:

SB344,44,8 815.05 (1) If it be against the property of the judgment debtor, to satisfy the judgment out of the personal property of such the debtor, and if sufficient personal property cannot be found, out of the real property belonging to the judgment debtor on the day when the judgment was docketed entered in the judgment and lien docket in the county or at any time thereafter.

SB344, s. 117 Section 117. 815.05 (6) of the statutes is amended to read:

SB344,44,23 815.05 (6) If it is for the delivery of property, to deliver the possession of the same property, particularly describing it the property, to the party entitled thereto to the property, and may require the officer to satisfy any costs, damages or rents and profits covered by the judgment out of the personal property of the party against whom it the judgment was rendered, and shall specify the value of the property for which the judgment was recovered; if a. If delivery of the property cannot be had is not possible and if sufficient personal property cannot be found, then the officer may satisfy the judgment out of the real property belonging to the person against whom the execution was rendered on the day when the judgment was docketed entered in the judgment and lien docket or at any time thereafter. When a judgment in replevin is entered against the principal and also against the principal's sureties under s. 810.15, the execution shall direct that the property of the surety shall not be levied on unless the property found, belonging to the principal, is not sufficient to satisfy the judgment.

SB344, s. 118 Section 118. 815.07 of the statutes is amended to read:

SB344,45,7 815.07 To what county issued. When the execution is against the property of the judgment debtor it, the execution may be issued to the sheriff of any county where the judgment is docketed entered in the judgment and lien docket. When it the execution requires the delivery of real or personal property it must, the execution shall be issued to the sheriff of the county where the property or some part thereof of the property is situated. Executions may be issued at the same time to different counties.

SB344, s. 119 Section 119. 815.20 (2) of the statutes is amended to read:

SB344,45,15 815.20 (2) Any owner of an exempt homestead against whom a judgment has been rendered and docketed entered in the judgment and lien docket, and any heir, devisee or grantee of such the owner, or any mortgagee of such the homestead, may proceed under s. 806.04 for declaratory relief if such the homestead is less than $40,000 in value and the owner of such the judgment shall fail, for 10 days after demand, to execute a recordable release of such the homestead from the judgment owner's judgment lien.

SB344, s. 120 Section 120. 815.53 (1) of the statutes is amended to read:

SB344,45,18 815.53 (1) A certified copy of the docket of the creditor's judgment or of the record of the creditor's mortgage.

SB344, s. 121 Section 121. 815.62 of the statutes is amended to read:

SB344,46,8 815.62 Lien, how preserved after execution sale; clerk's fee. To preserve the lien of the original judgment upon lands and subject them to sale on execution under s. 815.61, the person aggrieved shall, within 20 days after the payment for which he or she claims a contribution, file an affidavit with the clerk of the circuit court in which the original judgment was rendered, stating the sum paid and his or her claim to use the judgment for the reimbursement thereof; and the of the payment. The clerk of circuit court shall enter in the margin of the judgment and lien docket of the judgment, the sum so paid and that the judgment is claimed to be a lien to in that amount. To preserve the lien upon property situated in some other a county other than the county where the circuit court that rendered the judgment is located, a similar affidavit and notice must shall be filed with the clerk of the circuit court for that county and a like entry made upon the judgment and lien docket of the judgment in that county. The clerk's fee of the clerk of circuit court for making the entry upon the docket is prescribed in s. 814.61 (5).

SB344, s. 122 Section 122. 815.63 of the statutes is amended to read:

SB344,46,24 815.63 Sheriff's deed; writ of assistance. Whenever title has been perfected to any real estate sold on execution, or to any part or interest in the real estate, and the defendant in execution, or any other person claiming under the defendant by title accruing subsequently to the docketing entry of the judgment in the judgment and lien docket upon which it the judgment was issued, shall be in possession of that real estate or part or interest in that real estate, and, upon demand of the person in whom such the title has been perfected, refuses to surrender the possession, the person may apply to the court from which the execution issued, by verified petition, for a writ of assistance to obtain possession. A copy of this petition, with a notice of the time and place when and where the petition will be presented, must shall be served upon the person against whom the writ is prayed issued at least 10 days before the petition is presented; the. The petition may be served as a summons in an action in the circuit court. The court may direct such the writ to issue, and the writ shall be executed and return made in the same manner as upon a sale upon a judgment for foreclosure of a mortgage.

SB344, s. 123 Section 123. 821.05 of the statutes is amended to read:

SB344,47,4 821.05 Costs of certification. Fees and costs shall be the same as in civil appeals docketed before filed in the court of appeals and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.

SB344, s. 124 Section 124. 846.04 of the statutes is amended to read:

SB344,47,15 846.04 Deficiency, judgment for. The plaintiff may , in the plaintiff's complaint, demand judgment for any deficiency which that may remain due the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage and judgment . Judgment may be rendered for any such deficiency remaining after applying the proceeds of sale to the amount due may in such case be rendered. Such. The judgment for deficiency shall be ordered in the original judgment and separately rendered against the party liable on or after the coming in and confirmation of the report of sale, and be docketed. The judgment for deficiency shall be entered in the judgment and lien docket and enforced as in other cases.

SB344, s. 125 Section 125. 846.25 of the statutes is amended to read:

SB344,47,20 846.25 Discharge after foreclosure. After a mortgage has been foreclosed by action and the judgment and costs have been paid and satisfaction of the mortgage entered upon the docket court record, the clerk of circuit court, on request, shall sign a certificate attesting to such those facts, which certificate is entitled to record.

SB344, s. 126 Section 126. 879.43 (3) of the statutes is amended to read:

SB344,47,24 879.43 (3) (title) Docket Entry. Judgments may be docketed entered in the judgment and lien docket in the office of the clerk of circuit court, upon the filing of a certified transcript of the judgment.

SB344, s. 127 Section 127. 879.43 (4) of the statutes is amended to read:

SB344,48,2 879.43 (4) Lien. A judgment when docketed is entered in the judgment and lien docket creates a lien upon the real estate of the debtor under s. 806.15.

SB344, s. 128 Section 128. 943.60 (1) and (3) of the statutes are amended to read:

SB344,48,7 943.60 (1) Any person who submits for filing, docketing entering or recording any lien, claim of lien, lis pendens, writ of attachment or any other instrument relating to title in real or personal property, knowing the contents or any part of the contents to be false, sham or frivolous, is guilty of a Class E felony.

SB344,48,10 (3) This section does not apply to a register of deeds or other government employe who acts in the course of his or her official duties and files, dockets enters or records any instrument relating to title on behalf of another person.

SB344, s. 129 Section 129. 973.09 (3) (b) of the statutes is amended to read:

SB344,49,2 973.09 (3) (b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered payments unpaid at least 90 days before the probation expiration date. If payment as ordered has not been made, the court shall hold a probation review hearing prior to the expiration date, unless the hearing is voluntarily waived by the probationer with the knowledge that waiver may result in an extension of the probation period or in a revocation of probation. If the court does not extend probation, it shall issue a judgment for the unpaid restitution and direct the clerk of circuit court to file and docket a transcript of enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has already recovered a judgment against the probationer for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments docketed entered under s. 806.10.

SB344, s. 130 Section 130. Effective dates. This act takes effect on the day after publication, except as follows:

SB344,49,6 (1)  The treatment of sections 50.05 (15) (f) and 51.42 (3) (d) 12. f. of the statutes takes effect on July 1, 1996.

SB344,49,7 (End)