SB344: Bill Text

SB344,16,23 618.61 (4) (b) 2. Promptly upon the filing of the foreign decree and the affidavit, the clerk of circuit court shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner and shall note the mailing in the docket court record. In addition, the attorney general may mail a notice of the filing of the foreign decree to the defendant and to the commissioner or the commissioner may mail such a notice to the defendant, and either may file proof of mailing with the clerk of circuit court. Failure of the clerk of circuit court to mail notice of filing shall not affect the enforcement proceedings if the attorney general or commissioner has filed proof of mailing.

SB344, s. 31 Section 31. 645.54 (3) (a) of the statutes is amended to read:

SB344,17,7 645.54 (3) (a) Definition. A lien obtainable by legal or equitable proceedings upon a simple contract is one arising in the ordinary course of such proceedings a legal or equitable proceeding upon the filing of a decree or entry or docketing of a judgment or decree in the judgment and lien docket, or upon attachment, garnishment, execution or like process, whether before, upon or after judgment or decree and whether before or upon levy. It does not include liens which under applicable law are given a special priority over other liens which are prior in time.

SB344, s. 32 Section 32. 703.16 (4) of the statutes is amended to read:

SB344,17,22 703.16 (4) ASSESSMENTS CONSTITUTE LIEN. All assessments, until paid, together with interest on them and actual costs of collection, constitute a lien on the units on which they are assessed, if a statement of lien is filed within 2 years after the date the assessment becomes due. The lien is effective against a unit at the time the assessment became due regardless of when within the 2-year period it is filed. A statement of condominium lien is filed in the land records of the clerk of circuit court of the county where the unit is located, stating the description of the unit, the name of the record owner, the amount due and the period for which the assessment was due. The clerk of circuit court shall index the statement of condominium lien under the name of the record owner in the condominium judgment and lien docket. The statement of condominium lien shall be signed and verified by an officer or agent of the association as specified in the bylaws and then may be filed. On full payment of the assessment for which the lien is claimed, the unit owner shall be entitled to a fileable satisfaction of the lien.

SB344, s. 33 Section 33. 706.13 (1) of the statutes is amended to read:

SB344,18,6 706.13 (1) In addition to any criminal penalty or civil remedy provided by law, any person who submits for filing, docketing entering in the judgment and lien docket or recording, any lien, claim of lien, lis pendens, writ of attachment or any other instrument relating to the title in real or personal property, knowing the contents or any part of the contents to be false, sham or frivolous, is liable in tort to any person interested in the property whose title is thereby impaired, for punitive damages of $1,000 plus any actual damages caused thereby by the filing, entering or recording.

SB344, s. 34 Section 34. 706.13 (3) of the statutes is amended to read:

SB344,18,10 706.13 (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. 35 Section 35. 706.15 of the statutes is amended to read:

SB344,18,17 706.15 Liens against public officials or employes. No lien may be filed, docketed entered or recorded against the real or personal property of any official or employe of the state or any political subdivision of the state, relating to an alleged breach of duty by the official or employe, except after notice and a hearing before a court of record and a finding by the court that probable cause exists that there was a breach of duty.

SB344, s. 36 Section 36. 707.34 (4) of the statutes is amended to read:

SB344,18,22 707.34 (4) JUDGMENT LIEN. A judgment for money against an association shall be a lien against all of the time shares if properly docketed entered in the judgment and lien docket under ch. 806, but, notwithstanding s. 806.15 (1), the judgment shall not constitute a lien against any other property of a time-share owner.

SB344, s. 37 Section 37. 707.37 (2) (b) of the statutes is amended to read:

SB344,19,9 707.37 (2) (b) A statement of time-share lien shall be filed in the land records of the office of the clerk of circuit court of the county where the time-share property is located, stating the description of the time-share property and the time share, the name of the time-share owner, the amount due and the period for which the assessment for time-share expenses was due. The clerk of circuit court shall index the statement of time-share lien under the name of the time-share owner in the judgment and lien docket. The statement of time-share lien shall be signed and verified by an officer or agent of the association as specified in the bylaws or, if there is no association, a representative of the time-share owners. On full payment of the assessment for which the lien is claimed, the time-share owner shall be entitled to a fileable satisfaction of the lien.

SB344, s. 38 Section 38. 755.12 of the statutes is amended to read:

SB344,19,17 755.12 Delivery of books to municipal clerk. When a municipal court ceases to operate, the docket court records, books of account, case files, moneys and bonds belonging to the court shall be delivered to the municipal clerk within 10 days after the vacancy occurs by the person who is in possession. If the municipal court was established under s. 755.01 (4), the person shall separate the dockets court records, books, files, moneys and bonds according to the municipalities involved and deliver them to the appropriate municipal clerk.

SB344, s. 39 Section 39. 755.14 (1) (intro.) of the statutes is amended to read:

SB344,19,21 755.14 (1) (intro.) When the municipal clerk receives the docket court records, books of account and case files of a municipal court which has ceased to operate, he or she shall within 10 days dispose of them as follows:

SB344, s. 40 Section 40. 755.14 (1) (b) of the statutes is amended to read:

SB344,20,2 755.14 (1) (b) Deliver the case files of the pending and appealable cases to the clerk of the circuit court of the county where the court held office and certified copies of the docket court records for the past 12 months to the clerk of the circuit court of every other county in which the municipality lies, if the municipality in which the municipal court was located is in more than one county.

SB344, s. 41 Section 41. 777.36 (2) of the statutes is amended to read:

SB344,20,6 777.36 (2) Judgments docketed entered in the judgment and lien docket against the decedent, according to the respective priority thereof, respectively of the judgments.

SB344, s. 42 Section 42. 778.14 of the statutes is amended to read:

SB344,20,17 778.14 Treasurers to collect. Every town, village and city treasurer shall demand of and recover from each municipal judge of the town, village or city, respectively, all moneys received by such the municipal judge upon judgments rendered in actions under this chapter, and every such municipal judge shall, on demand of either such treasurers a town, village or city treasurer, produce to the treasurer the court docket record for examination and all process and papers concerning or in the actions. In case of refusal or neglect by the municipal judge to pay over promptly the moneys upon demand the treasurer shall cause an action to be instituted for the recovery thereof of the moneys against the municipal judge and the sureties upon the municipal judge's official bond.

SB344, s. 43 Section 43. 779.06 (1) of the statutes is amended to read:

SB344,21,3 779.06 (1) No lien under s. 779.01 shall exist and no action to enforce the same a lien under s.779.01 shall be maintained unless within 6 months from the date the lien claimant furnished the last labor or materials a claim for such the lien is filed in the office of the clerk of circuit court of the county in which the lands affected thereby by the lien lie, and unless within 2 years from the date of filing a claim for lien an action is brought and summons and complaint filed therein. Such. A claim for a lien may be filed and docketed entered in the judgment and lien docket, and action brought, notwithstanding the death of the owner of the property affected thereby by the action or of the person with whom the original contract was made, with like effect as if he or she were then living.

SB344, s. 44 Section 44. 779.07 (title) and (1) (intro.) of the statutes are amended to read:

SB344,21,13 779.07 (title) Docket of liens Judgment and lien docket. (1) (intro.) Every clerk of the circuit court shall keep a separate judgment and lien docket, entitled "lien docket," in which shall be entered, immediately upon its filing, the proper entries under the appropriate headings specified in this subsection, relative to each claim for lien filed with the clerk of court, opposite the names of the persons against whom the lien is claimed. The names shall be entered alphabetically , or an alphabetical index shall be kept as judgment dockets are required by law to be kept. Each page of the in the judgment and lien docket shall be divided into 9 columns, with headings in the following sequence to the respective columns, as follows:

SB344, s. 45 Section 45. 779.07 (2) of the statutes is amended to read:

SB344,21,16 779.07 (2) Such The judgment and lien docket shall be presumptive evidence of the correctness of the its entries therein made.

SB344, s. 46 Section 46. 779.12 (2) of the statutes is amended to read:

SB344,21,25 779.12 (2) If any deficiency arises upon the sale in the payment of the sums adjudged to be due to any lien claimant, the court, upon confirming such the sale, may render judgment therefor for the deficiency if demanded in the pleadings against the defendant legally liable to pay the same which deficiency. The judgment may be docketed entered in the judgment and lien docket and enforced in the same manner that ordinary judgments are. The purchasers at such the sale shall be entitled to a writ of assistance under s. 815.63 to obtain possession of the premises sold.

SB344, s. 47 Section 47. 779.13 (1) of the statutes is amended to read:

SB344,22,12 779.13 (1) Every lien claimant, or the attorney who executed and filed a claim for lien on the claimant's behalf, who has received satisfaction or tender of such the claim with the costs of any action brought thereon on the claim shall, at the request of any person interested in the premises affected and on payment of the costs of satisfying the same, execute and deliver the necessary satisfaction to such the interested person. On filing the satisfaction with the clerk of circuit court, the clerk of circuit court shall enter satisfaction of the claim on the judgment and lien docket. Failure to execute and deliver the satisfaction or to satisfy the lien on the judgment and lien docket shall render the person so refusing liable to pay to the person requiring the satisfaction a sum equal to one-half of the sum claimed in the claim for lien.

SB344, s. 48 Section 48. 779.70 (5) of the statutes is amended to read:

SB344,22,18 779.70 (5) The clerk of circuit court shall docket enter each claim for a maintenance lien in a the judgment and lien docket immediately after the claim is filed in the same manner that other liens are docketed entered. The date of levy of assessment will appear on the judgment and lien docket instead of the last date of performance of labor or furnishing materials.

SB344, s. 49 Section 49. 779.80 (3) (a) of the statutes is amended to read:

SB344,23,2 779.80 (3) (a) The clerk of circuit court in every county shall, at the expense of the county, provide a suitable record to be called "the hospital lien docket", in which the clerk shall enter all hospital liens in the judgment and lien docket, including the name of the injured person, the date of the event causing the injury and the name of the hospital or other institution making the claim. The clerk of circuit court shall make a proper index of the docket in the name of the injured person and shall receive the fee prescribed in s. 814.61 (5) for filing entering each claim lien.

SB344, s. 50 Section 50. 788.14 (title) and (1) (intro.) of the statutes are amended to read:

SB344,23,8 788.14 (title) Papers filed with motion regarding award; docketing entry of judgment, effect of judgment. (1) (intro.) Any party to a proceeding for an order confirming, modifying or correcting an award shall, at the time such the order is filed with the clerk of circuit court for the entry of judgment thereon, also file the following papers with the clerk of circuit court:

SB344, s. 51 Section 51. 788.14 (2) of the statutes is amended to read:

SB344,23,11 788.14 (2) The judgment shall be docketed entered in the judgment and lien docket as if it was rendered in an action.

SB344, s. 52 Section 52. 799.10 (title) and (1) of the statutes are amended to read:

SB344,23,17 799.10 (title) Case file, case docket court record. (1) (title) CLERK TO MAINTAIN docket COURT RECORD AND CASE FILE. The clerk of circuit court shall maintain a docket court record of small claims cases under this chapter, which docket may be in loose leaf or card form, and a case file for each case in which there are papers other than the ones listed in s. 799.07 to be filed.

SB344, s. 53 Section 53. 799.10 (2) (intro.) of the statutes is amended to read:

SB344,23,20 799.10 (2) Entries; what to contain. (intro.) Entries in the docket court record shall include:

SB344, s. 54 Section 54. 799.10 (3) of the statutes is amended to read:

SB344,23,25 799.10 (3) (title) CORRECTING docket COURT RECORD. The judge has power at any time to order the docket court record corrected or any omission or additional entry supplied if the judge is satisfied that an error or omission exists, or that one or more additional entries are needed.

SB344, s. 55 Section 55. 799.10 (4) of the statutes is amended to read:

SB344,24,6 799.10 (4) (title) TIME OF Docket COURT RECORD ENTRIES. Entries in the docket court record shall be made not later than the time of the entry of the judgment or final order, or as soon thereafter as possible. No docket court record entries need be made in uncontested cases where the action is for a money forfeiture charging violation of a parking regulation.

SB344, s. 56 Section 56. 799.24 (1) of the statutes is amended to read:

SB344,24,17 799.24 (1) ENTRY OF JUDGMENT OR ORDER; NOTICE OF ENTRY THEREOF. When a judgment or an order is rendered, the judge, court commissioner or clerk of circuit court shall immediately enter it in the case docket court record and note the date thereof which shall be the date of entry of judgment or order. The clerk of circuit court, except in municipal and county forfeiture actions, shall mail a notice of entry of judgment to the parties or their attorneys at their last-known address within 5 days of its entry. Any such judgment shall be a docketed judgment for all purposes upon Upon payment of the fee prescribed in s. 814.62 (3) (c). The, the clerk of circuit court shall enter the docketed judgment in an appropriate the judgment record and lien docket.

SB344, s. 57 Section 57. 799.24 (2) of the statutes is amended to read:

SB344,24,20 799.24 (2) (title) APPLICABILITY OF SECTION s. 806.15. Section 806.15 shall apply with respect to docketed judgments entered in the judgment and lien docket.

SB344, s. 58 Section 58. 800.04 (1) (b) 2. of the statutes is amended to read:

SB344,24,24 800.04 (1) (b) 2. The defendant shall plead to the charges and the municipal judge shall enter the plea in the court docket record. If the defendant refuses to plead, the municipal judge shall enter a plea of not guilty.

SB344, s. 59 Section 59. 800.06 (1) (intro.) of the statutes is amended to read:

SB344,25,7 800.06 (1) (intro.) If any municipal judge is to be temporarily absent or is sick or disabled, the municipal judge may deliver the docket court record and all papers relating to any pending action to the circuit court of the county and the circuit court may try the action and enter judgment as though the action was begun before that court or the municipal judge may by written order, filed in the court and with the approval of the chief judge of the judicial administrative district, do one of the following:

SB344, s. 60 Section 60. 800.06 (2) of the statutes is amended to read:

SB344,25,14 800.06 (2) If any municipal judge is incompetent, unable or fails to act, s. 751.03 (2) applies. The parties and their attorneys shall be notified of the transfer to another judge or to circuit court prior to trial. The judge designated or the circuit court to which the case is transferred may, while in possession of the docket court record, issue execution upon or give a certified transcript of any unsatisfied judgment appearing therein in the record.

SB344, s. 61 Section 61. 800.11 (title) and (1) (intro.) of the statutes are amended to read:

SB344,25,18 800.11 (title) Municipal court docket record and transcript entries. (1) (intro.) Every municipal judge shall keep a docket court record in which he or she shall enter, in actions to which they relate:

SB344, s. 62 Section 62. 800.11 (2) of the statutes is amended to read:

SB344,25,21 800.11 (2) Failure of the municipal judge to keep a docket court record properly shall not affect the jurisdiction of the municipal court or render the judgment void.

SB344, s. 63 Section 63. 800.11 (4) of the statutes is amended to read:

SB344,25,24 800.11 (4) If the municipal judge is elected under s. 755.01 (4), the judge shall keep a separate docket court records for each municipality.

SB344, s. 64 Section 64. 806.10 (title) and (1) (intro.), (a) and (e) of the statutes are amended to read:

SB344,26,8 806.10 (title) Judgment and lien docket. (1) (intro.) 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 fee prescribed in s. 814.61 (5) (b), the clerk of circuit court shall enter the judgment in a the judgment and lien docket, either arranged alphabetically or accompanied by an alphabetical index, a docket of such judgment containing, including all of the following:

SB344,26,17 (a) 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 hour time of the entry.

SB344,26,18 (e) The day and hour time of entering such docket entry.

SB344, s. 65 Section 65. 806.10 (1) (g) of the statutes is renumbered 806.10 (1m) and amended to read:

SB344,27,2 806.10 (1m) If the a judgment is against several persons such statement, the clerk of circuit court shall be repeated 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, in the alphabetical order of their names, respectively, when the docket is arranged alphabetically, or entered in the index under the name of each such person when the docket is kept with an alphabetical index accompanying.

SB344, s. 66 Section 66. 806.10 (2) of the statutes is amended to read:

SB344,27,6 806.10 (2) Whenever any docketed judgment shall be entered in the judgment and lien docket is reversed and the remittitur filed, the clerk of circuit court shall enter on the docket "reversed on appeal" on the judgment and lien docket.

SB344, s. 67 Section 67. 806.10 (3) of the statutes is amended to read:

SB344,27,11 806.10 (3) Every clerk of circuit court who dockets 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 docket enter the same at the proper time shall be liable in treble damages to the party injured.

SB344, s. 68 Section 68. 806.11 (title) of the statutes is amended to read:

SB344,27,13 806.11 (title) Delinquent income or franchise tax docket lien.

SB344, s. 69 Section 69. 806.11 (intro.) of the statutes is renumbered 806.11 (1) (intro.) and amended to read:

SB344,27,20 806.11 (1) (intro.) At the time of filing the warrant provided by s. 71.74 (14) or 71.91 (5), the clerk of circuit court shall enter the warrant in the delinquent income or franchise tax judgment and lien docket, either arranged alphabetically or accompanied by an alphabetical index, a docket of such warrant containing including:

SB344, s. 70 Section 70. 806.11 (1) to (4) of the statutes are renumbered 806.11 (1) (a) to (d), and 806.11 (1) (c), as renumbered, is amended to read:

SB344,27,23 806.11 (1) (c) The day and hour time of entering such docket entry.

SB344, s. 71 Section 71. 806.11 (5) of the statutes is renumbered 806.11 (2) and amended to read:

SB344,28,7 806.11 (2) If the a warrant be provided by s. 71.74 (14) or 71.91 (5) is against several persons such statement, the warrant shall be repeated 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, in the alphabetical order of their names, respectively, when the docket is arranged alphabetically, or entered in the index under the name of each such person when the docket is kept with an alphabetical index accompanying.

SB344, s. 72 Section 72. 806.115 of the statutes is amended to read:

SB344,28,14 806.115 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) or 71.91 (5) and the clerk of circuit court shall enter such the duplicate copy on the delinquent income tax judgment and lien docket as provided in s. 806.11, and upon entry therein. When so entered, the duplicate copy shall have the same legal effect as the warrant filed under s. 71.91 (5).

SB344, s. 73 Section 73. 806.12 of the statutes is renumbered 806.12 (1) and amended to read:

SB344,29,2 806.12 (1) The clerk of the 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, forthwith file the same and docket such 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 docket enter the judgment against such the surety as well as the judgment debtor, and such the surety shall be bound thereby as a judgment debtor and the surety's property shall be subject to lien and be liable thereon on the lien to the same extent as the surety's principal.