SB344, s. 31
24Section
31. 645.54 (3) (a) of the statutes is amended to read:
SB344,17,7
1645.54
(3) (a)
Definition. A lien obtainable by legal or equitable proceedings
2upon a simple contract is one arising in the ordinary course of
such proceedings a
3legal or equitable proceeding upon the
filing of a decree or entry
or docketing of a
4judgment or decree
in the judgment and lien docket, or upon attachment,
5garnishment, execution or like process, whether before, upon or after judgment or
6decree and whether before or upon levy. It does not include liens which under
7applicable law are given a special priority over other liens which are prior in time.
SB344, s. 32
8Section
32. 703.16 (4) of the statutes is amended to read:
SB344,17,229
703.16
(4) A
SSESSMENTS CONSTITUTE LIEN. All assessments, until paid, together
10with interest on them and actual costs of collection, constitute a lien on the units on
11which they are assessed, if a statement of lien is filed within 2 years after the date
12the assessment becomes due. The lien is effective against a unit at the time the
13assessment became due regardless of when within the 2-year period it is filed. A
14statement of condominium lien is filed in the land records of the clerk of circuit court
15of the county where the unit is located, stating the description of the unit, the name
16of the record owner, the amount due and the period for which the assessment was
17due. The clerk
of circuit court shall index the statement of condominium lien under
18the name of the record owner in the
condominium judgment and lien docket. The
19statement of condominium lien shall be signed and verified by an officer or agent of
20the association as specified in the bylaws and then may be filed. On full payment of
21the assessment for which the lien is claimed, the unit owner shall be entitled to a
22fileable satisfaction of the lien.
SB344, s. 33
23Section
33. 706.13 (1) of the statutes is amended to read:
SB344,18,624
706.13
(1) In addition to any criminal penalty or civil remedy provided by law,
25any person who submits for filing,
docketing entering in the judgment and lien
1docket or recording, any lien, claim of lien, lis pendens, writ of attachment or any
2other instrument relating to the title in real or personal property, knowing the
3contents or any part of the contents to be false, sham or frivolous, is liable in tort to
4any person interested in the property whose title is thereby impaired, for punitive
5damages of $1,000 plus any actual damages caused
thereby by the filing, entering
6or recording.
SB344, s. 34
7Section
34. 706.13 (3) of the statutes is amended to read:
SB344,18,108
706.13
(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. 35
11Section
35. 706.15 of the statutes is amended to read:
SB344,18,17
12706.15 Liens against public officials or employes. No lien may be filed,
13docketed entered or recorded against the real or personal property of any official or
14employe of the state or any political subdivision of the state, relating to an alleged
15breach of duty by the official or employe, except after notice and a hearing before a
16court of record and a finding by the court that probable cause exists that there was
17a breach of duty.
SB344, s. 36
18Section
36. 707.34 (4) of the statutes is amended to read:
SB344,18,2219
707.34
(4) J
UDGMENT LIEN. A judgment for money against an association shall
20be a lien against all of the time shares if properly
docketed entered in the judgment
21and lien docket under ch. 806, but, notwithstanding s. 806.15 (1), the judgment shall
22not constitute a lien against any other property of a time-share owner.
SB344, s. 37
23Section
37. 707.37 (2) (b) of the statutes is amended to read:
SB344,19,924
707.37
(2) (b) A statement of time-share lien shall be filed in the land records
25of the office of the clerk of circuit court of the county where the time-share property
1is located, stating the description of the time-share property and the time share, the
2name of the time-share owner, the amount due and the period for which the
3assessment for time-share expenses was due. The clerk
of circuit court shall index
4the statement of time-share lien under the name of the time-share owner in the
5judgment and lien docket. The statement of time-share lien shall be signed and
6verified by an officer or agent of the association as specified in the bylaws or, if there
7is no association, a representative of the time-share owners. On full payment of the
8assessment for which the lien is claimed, the time-share owner shall be entitled to
9a fileable satisfaction of the lien.
SB344, s. 38
10Section
38. 755.12 of the statutes is amended to read:
SB344,19,17
11755.12 Delivery of books to municipal clerk. When a municipal court
12ceases to operate, the
docket court records, books of account, case files, moneys and
13bonds belonging to the court shall be delivered to the municipal clerk within 10 days
14after the vacancy occurs by the person who is in possession. If the municipal court
15was established under s. 755.01 (4), the person shall separate the
dockets court
16records, books, files, moneys and bonds according to the municipalities involved and
17deliver them to the appropriate municipal clerk.
SB344, s. 39
18Section
39. 755.14 (1) (intro.) of the statutes is amended to read:
SB344,19,2119
755.14
(1) (intro.) When the municipal clerk receives the
docket court records,
20books of account and case files of a municipal court which has ceased to operate, he
21or she shall within 10 days dispose of them as follows:
SB344, s. 40
22Section
40. 755.14 (1) (b) of the statutes is amended to read:
SB344,20,223
755.14
(1) (b) Deliver the case files of the pending and appealable cases to the
24clerk of
the circuit court of the county where the court held office and certified copies
25of the
docket court records for the past 12 months to the clerk of
the circuit court of
1every
other county in which the municipality lies, if the municipality in which the
2municipal court was located is in more than one county.
SB344, s. 41
3Section
41. 777.36 (2) of the statutes is amended to read:
SB344,20,64
777.36
(2) Judgments
docketed entered in the judgment and lien docket against
5the decedent, according to the
respective priority
thereof, respectively of the
6judgments.
SB344, s. 42
7Section
42. 778.14 of the statutes is amended to read:
SB344,20,17
8778.14 Treasurers to collect. Every town, village and city treasurer shall
9demand of and recover from each municipal judge of the town, village or city,
10respectively, all moneys received by
such the municipal judge upon judgments
11rendered in actions under this chapter, and every
such municipal judge shall, on
12demand of
either such treasurers a town, village or city treasurer, produce to the
13treasurer the court
docket record for examination and all process and papers
14concerning or in the actions. In case of refusal or neglect by the municipal judge to
15pay over promptly the moneys upon demand the treasurer shall cause an action to
16be instituted for the recovery
thereof of the moneys against the municipal judge and
17the sureties upon the municipal judge's official bond.
SB344, s. 43
18Section
43. 779.06 (1) of the statutes is amended to read:
SB344,21,319
779.06
(1) No lien under s. 779.01 shall exist and no action to enforce
the same 20a lien under s.779.01 shall be maintained unless within 6 months from the date the
21lien claimant furnished the last labor or materials a claim for
such the lien is filed
22in the office of the clerk of circuit court of the county in which the lands affected
23thereby by the lien lie, and unless within 2 years from the date of filing a claim for
24lien an action is brought and summons and complaint filed
therein. Such. A claim
25for
a lien may be filed and
docketed
entered in the judgment and lien docket, and
1action brought, notwithstanding the death of the owner of the property affected
2thereby by the action or of the person with whom the original contract was made,
3with like effect as if he or she were then living.
SB344, s. 44
4Section
44. 779.07 (title) and (1) (intro.) of the statutes are amended to read:
SB344,21,13
5779.07 (title)
Docket of liens
Judgment and lien docket.
(1) (intro.) Every
6clerk of
the circuit court shall keep a
separate judgment and lien docket
, entitled
7"lien docket," in which shall be entered, immediately upon
its filing, the proper
8entries under the appropriate headings specified in this subsection, relative to each
9claim for lien filed
with the clerk of court, opposite the names of the persons against
10whom the lien is claimed. The names shall be entered alphabetically
, or an
11alphabetical index shall be kept as judgment dockets are required by law to be kept.
12Each page
of the in the judgment and lien docket shall be divided into 9 columns, with
13headings in the following sequence to the respective columns, as follows:
SB344, s. 45
14Section
45. 779.07 (2) of the statutes is amended to read:
SB344,21,1615
779.07
(2) Such The judgment and lien docket shall be presumptive evidence
16of the correctness of
the its entries
therein made.
SB344, s. 46
17Section
46. 779.12 (2) of the statutes is amended to read:
SB344,21,2518
779.12
(2) If any deficiency arises upon the sale in the payment of the sums
19adjudged to be due to any lien claimant, the court, upon confirming
such the sale,
20may render judgment
therefor for the deficiency if demanded in the pleadings
21against the defendant legally liable to pay the
same which deficiency. The judgment
22may be
docketed entered in the judgment and lien docket and enforced in the same
23manner that ordinary judgments are. The purchasers at
such the sale shall be
24entitled to a writ of assistance under s. 815.63 to obtain possession of the premises
25sold.
SB344, s. 47
1Section
47. 779.13 (1) of the statutes is amended to read:
SB344,22,122
779.13
(1) Every lien claimant, or the attorney who executed and filed a claim
3for lien on the claimant's behalf, who has received satisfaction or tender of
such the 4claim with the costs of any action brought
thereon
on the claim shall, at the request
5of any person interested in the premises affected and on payment of the costs of
6satisfying the same, execute and deliver the necessary satisfaction to
such the 7interested person. On filing the satisfaction with the clerk of circuit court, the clerk
8of circuit court shall enter satisfaction of the claim on the
judgment and lien docket.
9Failure to execute and deliver the satisfaction or to satisfy the lien on the
judgment
10and lien docket shall render the person so refusing liable to pay to the person
11requiring the satisfaction a sum equal to one-half of the sum claimed in the claim
12for lien.
SB344, s. 48
13Section
48. 779.70 (5) of the statutes is amended to read:
SB344,22,1814
779.70
(5) The clerk of circuit court shall
docket enter each claim for a
15maintenance lien in
a the judgment and lien docket immediately after the claim is
16filed in the same manner that other liens are
docketed
entered. The date of levy of
17assessment will appear on the
judgment and lien docket instead of the last date of
18performance of labor or furnishing materials.
SB344, s. 49
19Section
49. 779.80 (3) (a) of the statutes is amended to read:
SB344,23,220
779.80
(3) (a) The clerk of circuit court
in every county shall, at the expense of
21the county, provide a suitable record to be called "the hospital lien docket", in which
22the clerk shall enter
all hospital liens in the judgment and lien docket, including the
23name of the injured person, the date of the event causing the injury and the name
24of the hospital or other institution making the claim. The clerk
of circuit court shall
1make a proper index of the docket in the name of the injured person and shall receive
2the fee prescribed in s. 814.61 (5) for
filing entering each
claim lien.
SB344, s. 50
3Section
50. 788.14 (title) and (1) (intro.) of the statutes are amended to read:
SB344,23,8
4788.14 (title)
Papers filed with motion regarding award; docketing
5entry of judgment, effect of judgment.
(1) (intro.) Any party to a proceeding for
6an order confirming, modifying or correcting an award shall, at the time
such the 7order is filed with the clerk
of circuit court for the entry of judgment thereon, also file
8the following papers with the clerk
of circuit court:
SB344, s. 51
9Section
51. 788.14 (2) of the statutes is amended to read:
SB344,23,1110
788.14
(2) The judgment shall be
docketed entered in the judgment and lien
11docket as if it was rendered in an action.
SB344, s. 52
12Section
52. 799.10 (title) and (1) of the statutes are amended to read:
SB344,23,17
13799.10 (title)
Case file,
case docket court record. (1) (title) C
LERK TO
14MAINTAIN docket COURT RECORD AND CASE FILE. The clerk
of circuit court shall
15maintain a
docket court record of small claims cases
under this chapter, which docket
16may be in loose leaf or card form, and a case file for each case in which there are
17papers other than the ones listed in s. 799.07 to be filed.
SB344, s. 53
18Section
53. 799.10 (2) (intro.) of the statutes is amended to read:
SB344,23,2019
799.10
(2) Entries; what to contain. (intro.) Entries in the
docket court record 20shall include:
SB344, s. 54
21Section
54. 799.10 (3) of the statutes is amended to read:
SB344,23,2522
799.10
(3) (title) C
ORRECTING docket COURT RECORD. The judge has power at any
23time to order the
docket court record corrected or any omission or additional entry
24supplied if
the judge is satisfied that an error or omission exists
, or that one or more
25additional entries are needed.
SB344, s. 55
1Section
55. 799.10 (4) of the statutes is amended to read:
SB344,24,62
799.10
(4) (title) T
IME OF Docket COURT RECORD ENTRIES. Entries in the
docket 3court record shall be made not later than the time of the entry of the judgment or final
4order, or as soon thereafter as possible. No
docket
court record entries need be made
5in uncontested cases where the action is for a money forfeiture charging violation of
6a parking regulation.
SB344, s. 56
7Section
56. 799.24 (1) of the statutes is amended to read:
SB344,24,178
799.24
(1) E
NTRY OF JUDGMENT OR ORDER; NOTICE OF ENTRY THEREOF. When a
9judgment or an order is rendered, the judge, court commissioner or clerk
of circuit
10court shall immediately enter it in the
case docket court record and note the date
11thereof which shall be the date of entry of judgment or order. The clerk
of circuit
12court, except in municipal and county forfeiture actions, shall mail a notice of entry
13of judgment to the parties or their attorneys at their last-known address within 5
14days of its entry.
Any such judgment shall be a docketed judgment for all purposes
15upon Upon payment of the fee prescribed in s. 814.62 (3) (c)
. The, the clerk
of circuit
16court shall enter the
docketed judgment in
an appropriate the judgment
record
and
17lien docket.
SB344, s. 57
18Section
57. 799.24 (2) of the statutes is amended to read:
SB344,24,2019
799.24
(2) (title) A
PPLICABILITY OF
SECTION s. 806.15. Section 806.15 shall apply
20with respect to
docketed judgments
entered in the judgment and lien docket.
SB344, s. 58
21Section
58. 800.04 (1) (b) 2. of the statutes is amended to read:
SB344,24,2422
800.04
(1) (b) 2. The defendant shall plead to the charges and the municipal
23judge shall enter the plea in the court
docket record. If the defendant refuses to
24plead, the municipal judge shall enter a plea of not guilty.
SB344, s. 59
25Section
59. 800.06 (1) (intro.) of the statutes is amended to read:
SB344,25,7
1800.06
(1) (intro.) If any municipal judge is to be temporarily absent or is sick
2or disabled, the municipal judge may deliver the
docket court record and all papers
3relating to any pending action to the circuit court of the county and the circuit court
4may try the action and enter judgment as though the action was begun before that
5court or the municipal judge may by written order, filed in the court and with the
6approval of the chief judge of the judicial administrative district, do one of the
7following:
SB344, s. 60
8Section
60. 800.06 (2) of the statutes is amended to read:
SB344,25,149
800.06
(2) If any municipal judge is incompetent, unable or fails to act, s. 751.03
10(2) applies. The parties and their attorneys shall be notified of the transfer to another
11judge or to circuit court prior to trial. The judge designated or the circuit court to
12which the case is transferred may, while in possession of the
docket court record,
13issue execution upon or give a certified transcript of any unsatisfied judgment
14appearing
therein in the record.
SB344, s. 61
15Section
61. 800.11 (title) and (1) (intro.) of the statutes are amended to read:
SB344,25,18
16800.11 (title)
Municipal court docket record and transcript entries.
(1) 17(intro.) Every municipal judge shall keep a
docket
court record in which he or she
18shall enter, in actions to which they relate:
SB344, s. 62
19Section
62. 800.11 (2) of the statutes is amended to read:
SB344,25,2120
800.11
(2) Failure of the municipal judge to keep a
docket court record properly
21shall not affect the jurisdiction of the municipal court or render the judgment void.
SB344, s. 63
22Section
63. 800.11 (4) of the statutes is amended to read:
SB344,25,2423
800.11
(4) If the municipal judge is elected under s. 755.01 (4), the judge shall
24keep
a separate
docket court records for each municipality.
SB344, s. 64
1Section
64. 806.10 (title) and (1) (intro.), (a) and (e) of the statutes are
2amended to read:
SB344,26,8
3806.10 (title)
Judgment and lien docket. (1) (intro.) At the time of entry
4of a judgment directing in whole or in part the payment of money, or a judgment
5naming a spouse under s. 806.15 (4), and upon payment of the fee prescribed in s.
6814.61 (5) (b), the clerk
of circuit court shall enter
the judgment in
a the judgment
7and lien docket,
either arranged alphabetically
or accompanied by an alphabetical
8index, a docket of such judgment containing, including all of the following:
SB344,26,179
(a) The full name and place of residence of each judgment debtor and of the
10spouse or former spouse of the judgment debtor if the spouse is named in a judgment
11described under s. 806.15 (4). If the judgment or judgment
and lien docket fails to
12give the place of residence of the judgment debtor or the judgment debtor's spouse
13or former spouse, the validity of the judgment is not affected thereby, but the
14judgment creditor may at any time file with the clerk
of circuit court an affidavit
15stating, on knowledge or information and belief, the information. The clerk
of circuit
16court shall thereupon enter the facts according to the affidavit in the
judgment and
17lien docket, noting the date and
hour time of the entry.
SB344,26,1818
(e) The day and
hour time of
entering such docket entry.
SB344, s. 65
19Section
65. 806.10 (1) (g) of the statutes is renumbered 806.10 (1m) and
20amended to read:
SB344,27,221
806.10
(1m) If
the a judgment is against several persons
such statement, the
22clerk of circuit court shall
be repeated enter the judgment, in accordance with the
23procedure under sub. (1) in the judgment and lien docket under the name of each
24person against whom the judgment was rendered
, in the alphabetical order of their
25names, respectively, when the docket is arranged alphabetically, or entered in the
1index under the name of each such person when the docket is kept with an
2alphabetical index accompanying.
SB344, s. 66
3Section
66. 806.10 (2) of the statutes is amended to read:
SB344,27,64
806.10
(2) Whenever any
docketed judgment
shall be entered in the judgment
5and lien docket is reversed and the remittitur filed
, the clerk
of circuit court shall
6enter
on the docket "reversed on appeal"
on the judgment and lien docket.
SB344, s. 67
7Section
67. 806.10 (3) of the statutes is amended to read:
SB344,27,118
806.10
(3) Every clerk
of circuit court who
dockets enters a judgment or decree
9and enters upon the
judgment and lien docket a date or time other than that of its
10actual entry or neglects to
docket enter the same at the proper time shall be liable
11in treble damages to the party injured.
SB344, s. 68
12Section
68. 806.11 (title) of the statutes is amended to read:
SB344,27,13
13806.11 (title)
Delinquent income or franchise tax docket lien.
SB344, s. 69
14Section
69. 806.11 (intro.) of the statutes is renumbered 806.11 (1) (intro.) and
15amended to read:
SB344,27,2016
806.11
(1) (intro.) At the time of filing the warrant provided by s. 71.74 (14) or
1771.91 (5), the clerk
of circuit court shall enter
the warrant in the
delinquent income
18or franchise tax judgment and lien docket,
either arranged alphabetically or
19accompanied by an alphabetical index, a docket of such warrant containing 20including:
SB344, s. 70
21Section
70. 806.11 (1) to (4) of the statutes are renumbered 806.11 (1) (a) to
22(d), and 806.11 (1) (c), as renumbered, is amended to read:
SB344,27,2323
806.11
(1) (c) The day and
hour time of
entering such docket entry.
SB344, s. 71
24Section
71. 806.11 (5) of the statutes is renumbered 806.11 (2) and amended
25to read:
SB344,28,7
1806.11
(2) If
the a warrant
be provided by s. 71.74 (14) or 71.91 (5) is against
2several persons
such statement, the warrant shall be
repeated entered, in
3accordance with the procedure under sub. (1), in the judgment and lien docket under
4the name of each person against whom the warrant was issued
, in the alphabetical
5order of their names, respectively, when the docket is arranged alphabetically, or
6entered in the index under the name of each such person when the docket is kept with
7an alphabetical index accompanying.
SB344, s. 72
8Section
72. 806.115 of the statutes is amended to read:
SB344,28,14
9806.115 Filing of duplicate copy of warrant. The department of revenue
10may file in any county a duplicate copy of a warrant filed under s. 71.74 (14) or 71.91
11(5) and the clerk
of circuit court shall enter
such the duplicate copy on the
delinquent
12income tax judgment and lien docket as provided in s. 806.11
, and upon entry therein.
13When so entered, the duplicate copy shall have the same legal effect as the warrant
14filed under s. 71.91 (5).
SB344, s. 73
15Section
73. 806.12 of the statutes is renumbered 806.12 (1) and amended to
16read:
SB344,29,217
806.12
(1) The clerk of
the circuit court shall, upon the production of a duly
18certified transcript of a judgment for more than $10, exclusive of costs, rendered by
19any municipal judge in the county,
forthwith file the same and docket such enter the 20judgment in the
judgment and lien docket of the court in the manner prescribed in
21s. 806.10. When the transcript shows that execution was stayed in the municipal
22court, with the name of the surety thereof, the clerk
of circuit court shall
docket enter 23the judgment against
such the surety as well as the judgment debtor, and
such the 24surety shall be bound thereby as a judgment debtor and the surety's property
shall
1be subject to lien and be liable
thereon
on the lien to the same extent as the surety's
2principal.
SB344,29,12
3(2) Every
such judgment
entered in the judgment and lien docket under sub.
4(1), from the time of
such the filing of the transcript
thereof of the judgment, shall
5be
deemed considered the judgment of the circuit court
,. The judgment shall be
6equally under the control
thereof and be of the circuit court and municipal court. The
7judgment shall be carried into execution, both as to the principal judgment debtor
8and the debtor's surety, if any, in the same manner and with like effect as
the 9judgments
thereof of the circuit court, except that no action can be brought upon the
10same judgment as a judgment of
such the circuit court nor execution issued
thereon 11on that judgment after the expiration of the period of the lien
thereof of the judgment 12on real estate provided by s. 806.15.