SB344,29,20
14806.13 (title)
Judgments docketed entered in other counties. When a
15judgment is
docketed entered as provided in ss. 806.10, 806.12 and 806.24, or a
16warrant is
docketed entered as provided in s. 108.22 (2) (a), it may be
docketed in like
17manner entered in any other county, upon filing with the clerk of
circuit court
thereof 18of that county a transcript from the original
judgment and lien docket, certified to
19be a true copy
therefrom by the clerk of the original
circuit court
having custody
20thereof.
SB344, s. 75
21Section
75. 806.14 of the statutes is amended to read:
SB344,30,3
22806.14 Enforcement of real estate judgment in other counties. If a
23judgment affecting real property is rendered in any county other than that in which
24the property is situated, the clerk of
the circuit court of the county where the property
25is situated shall, upon production of a duly certified copy of the judgment and
1payment of the fee specified by s. 814.61 (5) (b), file and
docket it enter the judgment
2in the judgment and lien docket. The judgment may
thereupon be enforced in the
3circuit court for either county.
SB344, s. 76
4Section
76. 806.15 (1) of the statutes is amended to read:
SB344,30,125
806.15
(1) Every judgment properly
docketed entered in the judgment and lien
6docket showing the judgment debtor's place of residence shall, for 10 years from the
7date of entry, be a lien on
the all real property
of every person against whom the
8judgment is entered which is in the county where the judgment is rendered, except
9the homestead
mentioned in property that is exempt from execution under s. 815.20,
10in the county where docketed, of every person against whom it is rendered and
11docketed, and which the person has at the time of
docketing the entry or which the
12person acquires thereafter within the 10-year period.
SB344, s. 77
13Section
77. 806.15 (2) of the statutes is renumbered 806.15 (2) (a) and
14amended to read:
SB344,30,2115
806.15
(2) (a) When the collection of the judgment or the sale of the real estate
16upon which
it the judgment is a lien shall be delayed by law, and the judgment
17creditor shall have caused to be entered on the
judgment and lien docket
18"enforcement suspended by injunction" or otherwise, as the case may be, and
such 19that entry
is dated, the time
period of
such the delay after the date of
such the entry
20shall not be
taken as considered part of
said 10 years. And whenever the 10-year
21period under sub. (1).
SB344,31,2
22(b) Whenever an appeal from any judgment shall be pending and the bond or
23deposit requisite to stay execution has been given or made, the trial court may, on
24motion, after notice to the judgment creditor, on such terms as
it the trial court shall
25see fit, direct the clerk
of circuit court to enter on the
judgment and lien docket that
1such the judgment is "secured on appeal" and
thereupon it the judgment shall cease
, 2during the pendency of
such the appeal
, to be a lien.
SB344, s. 78
3Section
78. 806.15 (3) of the statutes is amended to read:
SB344,31,104
806.15
(3) If the judgment is affirmed on appeal or the appeal is dismissed the
5clerk
of circuit court shall, on the filing of the remittitur, enter on the
judgment and
6lien docket "lien restored by affirmance" or "lien restored by dismissal of appeal" with
7the date of
such the entry, and the lien
thereof shall be
thereupon restored. Similar
8entries may be made with
the like effect upon the
judgment and lien docket of
such 9the judgment in any other county upon filing with the clerk of
the circuit court
thereof 10a transcript
of from the original
judgment and lien docket.
SB344, s. 79
11Section
79. 806.15 (4) (a) of the statutes is amended to read:
SB344,31,1412
806.15
(4) (a) With respect to property held by the spouse of the judgment
13debtor when the judgment is
docketed entered in the judgment and lien docket, the
14property is expressly determined available under s. 766.55 to satisfy the obligation.
SB344, s. 80
15Section
80. 806.15 (4) (b) of the statutes is amended to read:
SB344,31,1716
806.15
(4) (b) The property is acquired after the judgment is
docketed entered
17in the judgment and lien docket.
SB344, s. 81
18Section
81. 806.16 of the statutes is amended to read:
SB344,32,4
19806.16 (title)
Appellate court judgment,
docketing entry. The clerk of the
20supreme court, on demand and upon payment of $1, shall furnish a certified
21transcript of any money judgment of the court of appeals or the supreme court
, which
22transcript may be filed and
docketed entered in the judgment and lien docket in the
23office of any clerk of
the circuit court in the manner that other judgments are
24docketed entered and shall then be a
like lien
and for
a like the same time as circuit
25court judgments on the real property in the county where
docketed entered. If the
1court of appeals or supreme court remits its judgment for the recovery of money or
2for costs to the lower court, the judgment shall
in like manner be
docketed entered 3by the clerk of the lower court and shall have the like force and effect as judgments
4of the circuit court
so docketed that are entered.
SB344, s. 82
5Section
82. 806.17 of the statutes is amended to read:
SB344,32,14
6806.17 (title)
Docketing Entering federal judgments. Every judgment and
7decree requiring the payment of money rendered in a district court of the United
8States within this state shall be
, from the docketing thereof in said court, a lien upon
9the real property of the judgment debtor situated in the county in which it is
so
10docketed entered, the same as a judgment of the state court. A transcript of
such
11docket the judgment may be filed with the clerk of
the circuit court of any other
12county
; and shall be
docketed entered in the
clerk's office
of the clerk of circuit court 13as in the case of judgments and decrees of the state courts and with like effect, on
14payment of fees as provided in s. 814.61 (5).
SB344, s. 83
15Section
83. 806.18 of the statutes is amended to read:
SB344,32,18
16806.18 Assignment of judgment. (1) When a duly acknowledged
17assignment of a judgment is filed, the clerk
of circuit court shall
note the fact and the
18date thereof and of filing enter the assignment on the
judgment and lien docket.
SB344,32,21
19(2) An assignment may be made by an entry on the
judgment and lien docket
20thus: "I assign this judgment to A.B.
,"
, signed by the owner, with the date affixed and
21witnessed by the clerk
of circuit court.
SB344, s. 84
22Section
84. 806.19 (1) (a) and (c) of the statutes are amended to read:
SB344,33,523
806.19
(1) (a) A judgment may be satisfied in whole or in part or as to any
24judgment debtor by an instrument signed and acknowledged by the owner or, if no
25assignment has been filed, by the owner's attorney of record, or by an
1acknowledgment of satisfaction, signed and entered on the
judgment and lien docket
2in the county where first
docketed entered, with the date of entry, and witnessed by
3the clerk
of circuit court. Every satisfaction of a part of a judgment or as to some of
4the judgment debtors shall state the amount paid
thereon on the judgment or for the
5release of
such the debtors, naming them.
SB344,33,96
(c) On filing a duly executed satisfaction, the clerk
of circuit court shall enter
7the
same satisfaction on the court record of the case and shall enter a statement of
8the substance
thereof of the satisfaction, including the amount paid, on the
margin
9of the judgment
and lien docket with the date of filing the satisfaction.
SB344, s. 85
10Section
85. 806.19 (2) and (3) of the statutes are amended to read:
SB344,33,1511
806.19
(2) When an execution is returned satisfied in whole or in part the
12judgment is
deemed considered satisfied to the extent of the amount so returned
13unless
such the return is vacated
and the. The clerk
of circuit court shall enter in
14the
judgment and lien docket that the amount stated in
such the return has been
15collected.
SB344,34,5
16(3) For the purpose of paying any money judgment, the debtor may deposit with
17the clerk of
the circuit court in which the judgment was entered the amount of
18liability
thereon on the judgment. The clerk
of circuit court shall give the debtor a
19certificate showing the date and amount of the deposit and identifying the judgment
;
20and. The clerk of circuit court shall immediately note on the
judgment and lien 21docket
thereof and on the margin of the judgment journal the amount and date of the
22deposit. The debtor shall immediately give written notice to the owner of record of
23the judgment and to the owner's attorney of record, personally, or by registered mail,
24to the last-known post-office address, stating the amount, date and purpose of the
25deposit, and that it is held subject to the order of the judgment owner. Ten days after
1giving the notice, the clerk
of circuit court shall, upon filing proof of service, satisfy
2the judgment of record, unless the trial court otherwise orders. Acceptance by the
3owner of the sum deposited has the same legal consequences that payment direct by
4the debtor would have. Payment to the clerk shall include the fee prescribed in s.
5814.61 (5).
SB344, s. 86
6Section
86. 806.19 (4) (b) (form) 1. of the statutes is amended to read:
SB344,34,107
806.19
(4) (b) (form) 1. .... (Name of judgment debtor) has received an order of
8discharge of debts under the bankruptcy laws of the United States, a copy of which
9is attached, and .... (Name of judgment debtor or person interested in real property)
10applies for satisfaction of the following judgments:
SB344,34,1211
... (List of judgments by case name, case number, date and, if applicable,
12judgment and lien docket volume and page number.)
SB344, s. 87
13Section
87. 806.19 (4) (b) (form) 3. of the statutes is amended to read:
SB344,34,1714
806.19
(4) (b) (form) 3. The undersigned believes that each judgment listed
15above has been completely voided by the discharge in bankruptcy, and no
16inconsistent ruling has been made by, or is being requested by any party from, the
17bankruptcy court.
SB344,34,1818
Dated this .... day of ...., 19....
SB344,34,1919
...(Signature)
SB344,34,2120
Judgment Debtor, Person Interested in Real Property or Attorney for Debtor or
21Person
SB344,34,2222
ORDER OF SATISFACTION
SB344,34,2423
The clerk of circuit court is directed to indicate on the judgment
and lien docket
24that each judgment described in the attached application has been satisfied.
SB344,34,2525
Dated this .... day of ...., 19....
SB344,35,1
1....(Signature)
SB344,35,22
Circuit Judge
SB344, s. 88
3Section
88. 806.20 (1) of the statutes is amended to read:
SB344,35,74
806.20
(1) When a judgment has been fully paid but not satisfied or the
5satisfaction has been lost, the trial court may authorize the attorney of the judgment
6creditor to satisfy the
same judgment or may by order declare the
same judgment 7satisfied and direct satisfaction to be entered upon the
judgment and lien docket.
SB344, s. 89
8Section
89. 806.21 of the statutes is amended to read:
SB344,35,15
9806.21 Judgment satisfied not a lien; partial satisfaction. If a judgment
10is satisfied in whole or in part or as to any judgment debtor and
such the satisfaction
11docketed, such is entered in the judgment and lien docket, the judgment shall, to the
12extent of
such the satisfaction, cease to be a lien
; and any. Any execution
thereafter 13issued
after the satisfaction is entered in the judgment and lien docket shall contain
14a direction to collect only the residue
thereof of the judgment, or to collect only from
15the judgment debtors remaining liable
thereon.
SB344, s. 90
16Section
90. 806.22 of the statutes is amended to read:
SB344,35,23
17806.22 (title)
Filing transcript copy of satisfaction. If a satisfaction of a
18judgment has been entered on the
judgment and lien docket in the county where it
19was first
docketed entered, a certified
transcript copy of the
docket satisfaction or a
20certificate by the clerk
of circuit court, under official seal, showing the satisfaction,
21may be filed with the clerk of
the circuit court
in of any county where
it is docketed 22the judgment has been entered, and
such that clerk
of circuit court shall
thereupon 23make a similar entry on the
clerk's judgment and lien docket
of that county.
SB344, s. 91
24Section
91. 806.24 (3) (b) of the statutes is amended to read:
SB344,36,9
1806.24
(3) (b) Promptly upon the filing of the foreign judgment and affidavit,
2the clerk
of circuit court shall mail notice of the filing of the foreign judgment to the
3judgment debtor at the address given and shall make a note of the mailing
in on the
4docket court record. The notice shall include the name and post-office address of the
5judgment creditor and the judgment creditor's lawyer, if any, in this state. In
6addition, the judgment creditor may mail a notice of the filing of the judgment to the
7judgment debtor and may file proof of mailing with the clerk
of circuit court. Lack
8of mailing notice of filing by the clerk
of circuit court shall not affect the enforcement
9proceedings if proof of mailing by the judgment creditor has been filed.
SB344, s. 92
10Section
92. 806.245 (5) of the statutes is amended to read:
SB344,36,1411
806.245
(5) No lien or attachment based on a tribal court judgment may be
12filed,
docketed entered in the judgment and lien docket or recorded in this state
13against the real or personal property of any person unless the judgment has been
14given full faith and credit by a circuit court under this section.
SB344, s. 93
15Section
93. 806.36 (8) of the statutes is amended to read:
SB344,36,1816
806.36
(8) A judgment shall be filed
with the clerk of circuit court and
docketed 17entered in the judgment and lien docket in foreign money in the same manner and
18shall have the same effect as other judgments.
SB344, s. 94
19Section
94. 806.39 (2) of the statutes is amended to read:
SB344,36,2120
806.39
(2) Notwithstanding sub. (1), a foreign judgment may be filed and
21docketed entered in the judgment and lien docket under s. 806.24.
SB344, s. 95
22Section
95. 808.03 (1) of the statutes is amended to read:
SB344,37,523
808.03
(1) A
PPEALS AS OF RIGHT. A final judgment or a final order of a circuit
24court may be appealed as a matter of right to the court of appeals unless otherwise
25expressly provided by law. A final judgment or final order is a judgment or order
1entered in accordance with s. 806.06 (1) (b) or 807.11 (2) or a disposition recorded in
2docket court record entries in ch. 799 cases or traffic regulation or municipal
3ordinance violation cases prosecuted in circuit court which disposes of the entire
4matter in litigation as to one or more of the parties, whether rendered in an action
5or special proceeding.
SB344, s. 96
6Section
96. 809.105 (3) (a) and (c) of the statutes are amended to read:
SB344,37,97
809.105
(3) (a)
Fee. No fee for
docketing filing an appeal in the court of appeals
8under this section may be required of a minor or of a member of the clergy who files
9an appeal under this section on behalf of the minor.
SB344,37,1210
(c) (title)
Docketing Filing in court of appeals. The clerk of the court of appeals
11shall
docket file the appeal immediately upon receipt of the items specified in par.
12(b).
SB344, s. 97
13Section
97. 809.105 (8) of the statutes is amended to read:
SB344,37,1914
809.105
(8) A
SSIGNMENT AND ADVANCEMENT OF CASES. The court of appeals shall
15take cases appealed under this section in an order that ensures that a judgment is
16made within 4 calendar days after the appeal has been
docketed filed in the court of
17appeals. The time limit under this subsection may be extended with the consent of
18the minor and her counsel, if any, or the member of the clergy who initiated the
19appeal under this section, if any.
SB344, s. 98
20Section
98. 809.11 (title) and (1) of the statutes are amended to read:
SB344,37,23
21809.11 (title)
Rule (Items to be filed, and forwarded and docketed).
(1) 22(title)
FEE TO BE FILED
. The appellant shall
file pay the filing fee with the notice of
23appeal
the fee for docketing an appeal with the court of appeals.
SB344, s. 99
24Section
99. 809.11 (2) of the statutes is amended to read:
SB344,38,5
1809.11 (2) F
ORWARDING TO COURT OF APPEALS. The clerk of the trial court shall
2forward to the court of appeals
, within 3 days of the filing of the notice of appeal, a
3copy of the notice of appeal, the
docketing filing fee, and a copy of the trial court record
4(docket entries) of the case
in the trial court maintained pursuant to s. 59.39 (2) or
5(3).
SB344, s. 100
6Section
100. 809.11 (3) of the statutes is amended to read:
SB344,38,87
809.11
(3) (title)
Docketing FILING IN COURT OF APPEALS. The clerk of the court
8of appeals shall
docket file the appeal upon receipt of the items referred to in sub. (2).
SB344, s. 101
9Section
101. 809.14 (1) of the statutes is amended to read:
SB344,38,1510
809.14
(1) A party seeking an order or other relief in a
docketed case shall file
11a motion for the order or other relief. The motion must state the order or relief sought
12and the grounds on which the motion is based and may include a statement of the
13position of other parties as to the granting of the motion. A motion may be supported
14by a memorandum. Any other party may file a response to the motion within 7 days
15of service of the motion.
SB344, s. 102
16Section
102. 809.18 of the statutes is amended to read:
SB344,38,21
17809.18 Rule (Voluntary dismissal). An appellant may dismiss
an a filed 18appeal by filing a notice of dismissal. T
he notice must be filed in the court or, if
the
19appeal is not yet
docketed in the court filed, in the trial court. The dismissal of an
20appeal does not affect the status of a cross-appeal or the right of a respondent to file
21a cross-appeal.
SB344, s. 103
22Section
103. 809.19 (2) of the statutes is amended to read:
SB344,39,723
809.19
(2) Appendix. The appellant's brief shall include a short appendix
24providing relevant
docket trial court record entries i
n the trial court, the findings or
25opinion of the trial court and limited portions of the record essential to an
1understanding of the issues raised, including oral or written rulings or decisions
2showing the trial court's reasoning regarding those issues. The appendix shall
3include a table of contents. If the record is required by law to be confidential, the
4portions of the record included in the appendix shall be reproduced using first names
5and last initials instead of full names of persons, specifically including juveniles and
6parents of juveniles, with a notation that the portions of the record have been so
7reproduced to preserve confidentiality and with appropriate references to the record.
SB344, s. 104
8Section
104. 809.25 (1) (d) of the statutes is amended to read:
SB344,39,149
809.25
(1) (d) Costs allowed by the court are taxed by the clerk
in of the court
10of appeals irrespective of the filing by a party of a petition for review in the supreme
11court. In the event of review by the supreme court, costs are taxed by the clerk
in of 12the supreme court as set forth in pars. (a) and (b). The clerk
of the supreme court 13shall include in the remittitur the costs allowed in the court. The clerk of
the trial 14circuit court shall
docket enter the judgment for costs in accordance with s. 806.16.
SB344, s. 105
15Section
105. 809.25 (2) (c) of the statutes is amended to read:
SB344,39,1816
809.25
(2) (c) The clerk
of the court of appeals may refuse to file,
docket, record,
17certify, or render any other service without prepayment of the fees established by this
18section.
SB344, s. 106
19Section
106. 812.31 (3) of the statutes is amended to read:
SB344,39,2220
812.31
(3) An earnings garnishment action may not be commenced in a county
21other than the county where the judgment is entered unless
a transcript of the
22judgment is
docketed entered in that county.
SB344, s. 107
23Section
107. 812.44 (2) of the statutes is amended to read:
SB344,39,2524
812.44
(2) The notice filed by the creditor to initiate an earnings garnishment
25under s. 812.35 (1) shall be in substantially the following form:
SB344,40,1
1STATE OF WISCONSIN
SB344,40,22
CIRCUIT COURT: .... County
SB344,40,33
A.B., Creditor File or Reference Number.....
SB344,40,55
C.D., Debtor GARNISHMENT
SB344,40,77
E.F., Garnishee