SB344: Bill Text

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:

SB344,37,5 808.03 (1) APPEALS AS OF RIGHT. A final judgment or a final order of a circuit court may be appealed as a matter of right to the court of appeals unless otherwise expressly provided by law. A final judgment or final order is a judgment or order entered in accordance with s. 806.06 (1) (b) or 807.11 (2) or a disposition recorded in docket court record entries in ch. 799 cases or traffic regulation or municipal ordinance violation cases prosecuted in circuit court which disposes of the entire matter in litigation as to one or more of the parties, whether rendered in an action or special proceeding.

SB344, s. 96 Section 96. 809.105 (3) (a) and (c) of the statutes are amended to read:

SB344,37,9 809.105 (3) (a) Fee. No fee for docketing filing an appeal in the court of appeals under this section may be required of a minor or of a member of the clergy who files an appeal under this section on behalf of the minor.

SB344,37,12 (c) (title) Docketing Filing in court of appeals. The clerk of the court of appeals shall docket file the appeal immediately upon receipt of the items specified in par. (b).

SB344, s. 97 Section 97. 809.105 (8) of the statutes is amended to read:

SB344,37,19 809.105 (8) ASSIGNMENT AND ADVANCEMENT OF CASES. The court of appeals shall take cases appealed under this section in an order that ensures that a judgment is made within 4 calendar days after the appeal has been docketed filed in the court of appeals. The time limit under this subsection may be extended with the consent of the minor and her counsel, if any, or the member of the clergy who initiated the appeal under this section, if any.

SB344, s. 98 Section 98. 809.11 (title) and (1) of the statutes are amended to read:

SB344,37,23 809.11 (title) Rule (Items to be filed, and forwarded and docketed). (1) (title) FEE TO BE FILED . The appellant shall file pay the filing fee with the notice of appeal the fee for docketing an appeal with the court of appeals.

SB344, s. 99 Section 99. 809.11 (2) of the statutes is amended to read:

SB344,38,5 809.11 (2) FORWARDING TO COURT OF APPEALS. The clerk of the trial court shall forward to the court of appeals, within 3 days of the filing of the notice of appeal, a copy of the notice of appeal, the docketing filing fee, and a copy of the trial court record (docket entries) of the case in the trial court maintained pursuant to s. 59.39 (2) or (3).

SB344, s. 100 Section 100. 809.11 (3) of the statutes is amended to read:

SB344,38,8 809.11 (3) (title) Docketing FILING IN COURT OF APPEALS. The clerk of the court of appeals shall docket file the appeal upon receipt of the items referred to in sub. (2).

SB344, s. 101 Section 101. 809.14 (1) of the statutes is amended to read:

SB344,38,15 809.14 (1) A party seeking an order or other relief in a docketed case shall file a motion for the order or other relief. The motion must state the order or relief sought and the grounds on which the motion is based and may include a statement of the position of other parties as to the granting of the motion. A motion may be supported by a memorandum. Any other party may file a response to the motion within 7 days of service of the motion.

SB344, s. 102 Section 102. 809.18 of the statutes is amended to read:

SB344,38,21 809.18 Rule (Voluntary dismissal). An appellant may dismiss an a filed appeal by filing a notice of dismissal. The notice must be filed in the court or, if the appeal is not yet docketed in the court filed, in the trial court. The dismissal of an appeal does not affect the status of a cross-appeal or the right of a respondent to file a cross-appeal.

SB344, s. 103 Section 103. 809.19 (2) of the statutes is amended to read:

SB344,39,7 809.19 (2) Appendix. The appellant's brief shall include a short appendix providing relevant docket trial court record entries in the trial court, the findings or opinion of the trial court and limited portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the trial court's reasoning regarding those issues. The appendix shall include a table of contents. If the record is required by law to be confidential, the portions of the record included in the appendix shall be reproduced using first names and last initials instead of full names of persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.

SB344, s. 104 Section 104. 809.25 (1) (d) of the statutes is amended to read:

SB344,39,14 809.25 (1) (d) Costs allowed by the court are taxed by the clerk in of the court of appeals irrespective of the filing by a party of a petition for review in the supreme court. In the event of review by the supreme court, costs are taxed by the clerk in of the supreme court as set forth in pars. (a) and (b). The clerk of the supreme court shall include in the remittitur the costs allowed in the court. The clerk of the trial circuit court shall docket enter the judgment for costs in accordance with s. 806.16.

SB344, s. 105 Section 105. 809.25 (2) (c) of the statutes is amended to read:

SB344,39,18 809.25 (2) (c) The clerk of the court of appeals may refuse to file, docket, record, certify, or render any other service without prepayment of the fees established by this section.

SB344, s. 106 Section 106. 812.31 (3) of the statutes is amended to read:

SB344,39,22 812.31 (3) An earnings garnishment action may not be commenced in a county other than the county where the judgment is entered unless a transcript of the judgment is docketed entered in that county.

SB344, s. 107 Section 107. 812.44 (2) of the statutes is amended to read:

SB344,39,25 812.44 (2) The notice filed by the creditor to initiate an earnings garnishment under s. 812.35 (1) shall be in substantially the following form:

SB344,40,1 STATE OF WISCONSIN

SB344,40,2 CIRCUIT COURT: .... County

SB344,40,3 A.B., Creditor File or Reference Number.....

SB344,40,4 vs. EARNINGS

SB344,40,5 C.D., Debtor GARNISHMENT

SB344,40,6 and NOTICE

SB344,40,7 E.F., Garnishee

SB344,40,9 To the Clerk of Circuit Court:

SB344,40,17 Please take and file notice that the creditor has today commenced an earnings garnishment action under subchapter II of chapter 812 of the Wisconsin Statutes against the debtor and the garnishee to collect an unsatisfied civil judgment. The judgment was entered on the .... day of ...., 19.., by .... (County Circuit or Federal District) Court. The case number of the action in which the judgment is entered is .... [and a transcript of the judgment was docketed entered in this county in file number ....]. The creditor's total claim for the unsatisfied portion of this judgment plus statutory interest and costs is $....

SB344,40,19 The names and addresses last known to the creditor of the parties to this proceeding are as follows:

SB344,40,20 Debtor

SB344,40,21 Name: ....

SB344,40,22 Address: ....

SB344,40,23 Garnishee

SB344,40,24 Name: ....

SB344,41,1 Address: ....

SB344,41,2 Creditor

SB344,41,3 Name: ....

SB344,41,4 Address: ....

SB344,41,5 Creditor's Attorney

SB344,41,6 Name: ....

SB344,41,7 Address: ....

SB344,41,8 Signature of Creditor or Creditor's Attorney: ....

SB344,41,9 Date: ....

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.