SB344: Bill Text

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.

SB344,29,12 (2) Every such judgment entered in the judgment and lien docket under sub. (1), from the time of such the filing of the transcript thereof of the judgment, shall be deemed considered the judgment of the circuit court,. The judgment shall be equally under the control thereof and be of the circuit court and municipal court. The judgment shall be carried into execution, both as to the principal judgment debtor and the debtor's surety, if any, in the same manner and with like effect as the judgments thereof of the circuit court, except that no action can be brought upon the same judgment as a judgment of such the circuit court nor execution issued thereon on that judgment after the expiration of the period of the lien thereof of the judgment on real estate provided by s. 806.15.

SB344, s. 74 Section 74. 806.13 of the statutes is amended to read:

SB344,29,20 806.13 (title) Judgments docketed entered in other counties. When a judgment is docketed entered as provided in ss. 806.10, 806.12 and 806.24, or a warrant is docketed entered as provided in s. 108.22 (2) (a), it may be docketed in like manner entered in any other county, upon filing with the clerk of circuit court thereof of that county a transcript from the original judgment and lien docket, certified to be a true copy therefrom by the clerk of the original circuit court having custody thereof.

SB344, s. 75 Section 75. 806.14 of the statutes is amended to read:

SB344,30,3 806.14 Enforcement of real estate judgment in other counties. If a judgment affecting real property is rendered in any county other than that in which the property is situated, the clerk of the circuit court of the county where the property is situated shall, upon production of a duly certified copy of the judgment and payment of the fee specified by s. 814.61 (5) (b), file and docket it enter the judgment in the judgment and lien docket. The judgment may thereupon be enforced in the circuit court for either county.

SB344, s. 76 Section 76. 806.15 (1) of the statutes is amended to read:

SB344,30,12 806.15 (1) Every judgment properly docketed entered in the judgment and lien docket showing the judgment debtor's place of residence shall, for 10 years from the date of entry, be a lien on the all real property of every person against whom the judgment is entered which is in the county where the judgment is rendered, except the homestead mentioned in property that is exempt from execution under s. 815.20, in the county where docketed, of every person against whom it is rendered and docketed, and which the person has at the time of docketing the entry or which the person acquires thereafter within the 10-year period.

SB344, s. 77 Section 77. 806.15 (2) of the statutes is renumbered 806.15 (2) (a) and amended to read:

SB344,30,21 806.15 (2) (a) When the collection of the judgment or the sale of the real estate upon which it the judgment is a lien shall be delayed by law, and the judgment creditor shall have caused to be entered on the judgment and lien docket "enforcement suspended by injunction" or otherwise, as the case may be, and such that entry is dated, the time period of such the delay after the date of such the entry shall not be taken as considered part of said 10 years. And whenever the 10-year period under sub. (1).

SB344,31,2 (b) Whenever an appeal from any judgment shall be pending and the bond or deposit requisite to stay execution has been given or made, the trial court may, on motion, after notice to the judgment creditor, on such terms as it the trial court shall see fit, direct the clerk of circuit court to enter on the judgment and lien docket that such the judgment is "secured on appeal" and thereupon it the judgment shall cease, during the pendency of such the appeal, to be a lien.

SB344, s. 78 Section 78. 806.15 (3) of the statutes is amended to read:

SB344,31,10 806.15 (3) If the judgment is affirmed on appeal or the appeal is dismissed the clerk of circuit court shall, on the filing of the remittitur, enter on the judgment and lien docket "lien restored by affirmance" or "lien restored by dismissal of appeal" with the date of such the entry, and the lien thereof shall be thereupon restored. Similar entries may be made with the like effect upon the judgment and lien docket of such the judgment in any other county upon filing with the clerk of the circuit court thereof a transcript of from the original judgment and lien docket.

SB344, s. 79 Section 79. 806.15 (4) (a) of the statutes is amended to read:

SB344,31,14 806.15 (4) (a) With respect to property held by the spouse of the judgment debtor when the judgment is docketed entered in the judgment and lien docket, the property is expressly determined available under s. 766.55 to satisfy the obligation.

SB344, s. 80 Section 80. 806.15 (4) (b) of the statutes is amended to read:

SB344,31,17 806.15 (4) (b) The property is acquired after the judgment is docketed entered in the judgment and lien docket.

SB344, s. 81 Section 81. 806.16 of the statutes is amended to read:

SB344,32,4 806.16 (title) Appellate court judgment, docketing entry. The clerk of the supreme court, on demand and upon payment of $1, shall furnish a certified transcript of any money judgment of the court of appeals or the supreme court, which transcript may be filed and docketed entered in the judgment and lien docket in the office of any clerk of the circuit court in the manner that other judgments are docketed entered and shall then be a like lien and for a like the same time as circuit court judgments on the real property in the county where docketed entered. If the court of appeals or supreme court remits its judgment for the recovery of money or for costs to the lower court, the judgment shall in like manner be docketed entered by the clerk of the lower court and shall have the like force and effect as judgments of the circuit court so docketed that are entered.

SB344, s. 82 Section 82. 806.17 of the statutes is amended to read:

SB344,32,14 806.17 (title) Docketing Entering federal judgments. Every judgment and decree requiring the payment of money rendered in a district court of the United States within this state shall be, from the docketing thereof in said court, a lien upon the real property of the judgment debtor situated in the county in which it is so docketed entered, the same as a judgment of the state court. A transcript of such docket the judgment may be filed with the clerk of the circuit court of any other county; and shall be docketed entered in the clerk's office of the clerk of circuit court as in the case of judgments and decrees of the state courts and with like effect, on payment of fees as provided in s. 814.61 (5).

SB344, s. 83 Section 83. 806.18 of the statutes is amended to read:

SB344,32,18 806.18 Assignment of judgment. (1) When a duly acknowledged assignment of a judgment is filed, the clerk of circuit court shall note the fact and the date thereof and of filing enter the assignment on the judgment and lien docket.

SB344,32,21 (2) An assignment may be made by an entry on the judgment and lien docket thus: "I assign this judgment to A.B.,", signed by the owner, with the date affixed and witnessed by the clerk of circuit court.

SB344, s. 84 Section 84. 806.19 (1) (a) and (c) of the statutes are amended to read:

SB344,33,5 806.19 (1) (a) A judgment may be satisfied in whole or in part or as to any judgment debtor by an instrument signed and acknowledged by the owner or, if no assignment has been filed, by the owner's attorney of record, or by an acknowledgment of satisfaction, signed and entered on the judgment and lien docket in the county where first docketed entered, with the date of entry, and witnessed by the clerk of circuit court. Every satisfaction of a part of a judgment or as to some of the judgment debtors shall state the amount paid thereon on the judgment or for the release of such the debtors, naming them.

SB344,33,9 (c) On filing a duly executed satisfaction, the clerk of circuit court shall enter the same satisfaction on the court record of the case and shall enter a statement of the substance thereof of the satisfaction, including the amount paid, on the margin of the judgment and lien docket with the date of filing the satisfaction.

SB344, s. 85 Section 85. 806.19 (2) and (3) of the statutes are amended to read:

SB344,33,15 806.19 (2) When an execution is returned satisfied in whole or in part the judgment is deemed considered satisfied to the extent of the amount so returned unless such the return is vacated and the. The clerk of circuit court shall enter in the judgment and lien docket that the amount stated in such the return has been collected.

SB344,34,5 (3) For the purpose of paying any money judgment, the debtor may deposit with the clerk of the circuit court in which the judgment was entered the amount of liability thereon on the judgment. The clerk of circuit court shall give the debtor a certificate showing the date and amount of the deposit and identifying the judgment; and. The clerk of circuit court shall immediately note on the judgment and lien docket thereof and on the margin of the judgment journal the amount and date of the deposit. The debtor shall immediately give written notice to the owner of record of the judgment and to the owner's attorney of record, personally, or by registered mail, to the last-known post-office address, stating the amount, date and purpose of the deposit, and that it is held subject to the order of the judgment owner. Ten days after giving the notice, the clerk of circuit court shall, upon filing proof of service, satisfy the judgment of record, unless the trial court otherwise orders. Acceptance by the owner of the sum deposited has the same legal consequences that payment direct by the debtor would have. Payment to the clerk shall include the fee prescribed in s. 814.61 (5).

SB344, s. 86 Section 86. 806.19 (4) (b) (form) 1. of the statutes is amended to read:

SB344,34,10 806.19 (4) (b) (form) 1. .... (Name of judgment debtor) has received an order of discharge of debts under the bankruptcy laws of the United States, a copy of which is attached, and .... (Name of judgment debtor or person interested in real property) applies for satisfaction of the following judgments:

SB344,34,12 ... (List of judgments by case name, case number, date and, if applicable, judgment and lien docket volume and page number.)

SB344, s. 87 Section 87. 806.19 (4) (b) (form) 3. of the statutes is amended to read:

SB344,34,17 806.19 (4) (b) (form) 3. The undersigned believes that each judgment listed above has been completely voided by the discharge in bankruptcy, and no inconsistent ruling has been made by, or is being requested by any party from, the bankruptcy court.

SB344,34,18 Dated this .... day of ...., 19....

SB344,34,19 ...(Signature)

SB344,34,21 Judgment Debtor, Person Interested in Real Property or Attorney for Debtor or Person

SB344,34,22 ORDER OF SATISFACTION

SB344,34,24 The clerk of circuit court is directed to indicate on the judgment and lien docket that each judgment described in the attached application has been satisfied.

SB344,34,25 Dated this .... day of ...., 19....

SB344,35,1 ....(Signature)

SB344,35,2 Circuit Judge

SB344, s. 88 Section 88. 806.20 (1) of the statutes is amended to read:

SB344,35,7 806.20 (1) When a judgment has been fully paid but not satisfied or the satisfaction has been lost, the trial court may authorize the attorney of the judgment creditor to satisfy the same judgment or may by order declare the same judgment satisfied and direct satisfaction to be entered upon the judgment and lien docket.

SB344, s. 89 Section 89. 806.21 of the statutes is amended to read:

SB344,35,15 806.21 Judgment satisfied not a lien; partial satisfaction. If a judgment is satisfied in whole or in part or as to any judgment debtor and such the satisfaction docketed, such is entered in the judgment and lien docket, the judgment shall, to the extent of such the satisfaction, cease to be a lien; and any. Any execution thereafter issued after the satisfaction is entered in the judgment and lien docket shall contain a direction to collect only the residue thereof of the judgment, or to collect only from the judgment debtors remaining liable thereon.

SB344, s. 90 Section 90. 806.22 of the statutes is amended to read:

SB344,35,23 806.22 (title) Filing transcript copy of satisfaction. If a satisfaction of a judgment has been entered on the judgment and lien docket in the county where it was first docketed entered, a certified transcript copy of the docket satisfaction or a certificate by the clerk of circuit court, under official seal, showing the satisfaction, may be filed with the clerk of the circuit court in of any county where it is docketed the judgment has been entered, and such that clerk of circuit court shall thereupon make a similar entry on the clerk's judgment and lien docket of that county.

SB344, s. 91 Section 91. 806.24 (3) (b) of the statutes is amended to read:

SB344,36,9 806.24 (3) (b) Promptly upon the filing of the foreign judgment and affidavit, the clerk of circuit court shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in on the docket court record. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk of circuit court. Lack of mailing notice of filing by the clerk of circuit court shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

SB344, s. 92 Section 92. 806.245 (5) of the statutes is amended to read:

SB344,36,14 806.245 (5) No lien or attachment based on a tribal court judgment may be filed, docketed entered in the judgment and lien docket or recorded in this state against the real or personal property of any person unless the judgment has been given full faith and credit by a circuit court under this section.

SB344, s. 93 Section 93. 806.36 (8) of the statutes is amended to read:

SB344,36,18 806.36 (8) A judgment shall be filed with the clerk of circuit court and docketed entered in the judgment and lien docket in foreign money in the same manner and shall have the same effect as other judgments.

SB344, s. 94 Section 94. 806.39 (2) of the statutes is amended to read:

SB344,36,21 806.39 (2) Notwithstanding sub. (1), a foreign judgment may be filed and docketed entered in the judgment and lien docket under s. 806.24.

SB344, s. 95 Section 95. 808.03 (1) of the statutes is amended to read: