For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB610, s. 1
1Section
1. 704.05 (5) (a) (intro.) of the statutes is amended to read:
AB610,2,52
704.05
(5) (a)
Procedure. (intro.) If a tenant removes from the premises and
3leaves personal property,
or if the landlord elects to have the landlord or his or her
4agent remove and store or dispose of the property under s. 799.45 (3) (am), the
5landlord may do all of the following:
AB610, s. 2
6Section
2. 799.25 (6) of the statutes is amended to read:
AB610,2,107
799.25
(6) Service fees and other charges. Lawful fees or charges paid to the
8sheriff, constable or other person for serving the summons or any other document,
9and charges paid to the sheriff
or a police officer employed by a city in connection with
10the execution of any writ of restitution.
AB610, s. 3
11Section
3. 799.44 (2) of the statutes is amended to read:
AB610,2,1612
799.44
(2) Writ of restitution. At the time of ordering judgment for the
13restitution of premises, the court shall order that a writ of restitution be issued, and
14the writ may be delivered to the sheriff
or the city police department for execution
15in accordance with s. 799.45. No writ shall be executed if received by the sheriff
or
16the city police department more than 30 days after its issuance.
AB610, s. 4
1Section
4. 799.44 (4) of the statutes is amended to read:
AB610,3,62
799.44
(4) Writ of restitution; form and contents. The writ of restitution
3shall be in the name of the court, sealed with its seal, signed by its clerk, directed to
4the sheriff of the county in which the real property is located
or to the city police
5department of the city in which the property is located, and in substantially the
6following form:
AB610,3,77
(Venue and caption)
AB610,3,98
THE STATE OF WISCONSIN To the Sheriff of .... County
or Police Department
9of .... City:
AB610,3,1210
The plaintiff, ...., of .... recovered a judgment against the defendant, ...., of ....,
11in an eviction action in the Circuit Court of .... County, on the .... day of ...., 19.., to
12have restitution of the following described premises:
AB610,3,1313
.... (description as in complaint), located in .... County, Wisconsin.
AB610,3,1814
YOU ARE HEREBY COMMANDED To immediately remove the defendant, ....,
15from the said premises and to restore the plaintiff, ...., to the possession thereof. You
16are further commanded to remove from said premises all personal property not the
17property of the plaintiff, and to store and dispose of the same according to law, and
18to make due return of this writ within ten days.
AB610,3,1919
Witness the Honorable ...., Judge of the said Circuit Court, this .... day of ...., 19..
AB610, s. 5
21Section
5. 799.45 (1) of the statutes is amended to read:
AB610,4,822
799.45
(1) When executed. Upon delivery of a writ of restitution to the sheriff
23or to a police officer employed by a city, and after payment to the sheriff
or to the city
24police department of the fee required by s. 814.70 (8), the sheriff
or police officer
25employed by the city shall execute the writ.
The
If the plaintiff, or the plaintiff's
1attorney or agent, does not notify the sheriff or the city police department under sub.
2(3) (am) that the plaintiff or his or her agent will remove and store or dispose of the
3property, the sheriff
or the city police department may require that prior to the
4execution of any writ of restitution the plaintiff deposit a reasonable sum
5representing the probable cost of removing the defendant's property chargeable to
6the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s.
7814.70 (8). In case of dispute as to the amount of
such the required deposit, the
8amount
thereof of that deposit shall be determined by the court under s. 814.70 (10).
AB610, s. 6
9Section
6. 799.45 (2) (intro.) of the statutes is amended to read:
AB610,4,1210
799.45
(2) How executed; duties of sheriff or police officer employed by a
11city. (intro.) In executing the writ of restitution the sheriff
or police officer employed
12by a city shall:
AB610, s. 7
13Section
7. 799.45 (2) (b) of the statutes is amended to read:
AB610,4,1714
799.45
(2) (b)
Remove Unless the plaintiff or his or her agent removes and
15stores or disposes of the property under sub. (3) (am), remove from the premises
16described in the writ, using such reasonable force as may be necessary, all personal
17property found therein not the property of the plaintiff.
AB610, s. 8
18Section
8. 799.45 (2) (bg) of the statutes is created to read:
AB610,4,2119
799.45
(2) (bg) Assist the plaintiff or his or her agent in the removal, under sub.
20(3) (am), of all personal property found in the premises described in the writ, not the
21property of the plaintiff, using such reasonable force as may be necessary.
AB610, s. 9
22Section
9. 799.45 (2) (c) of the statutes is amended to read:
AB610,5,223
799.45
(2) (c) Exercise ordinary care in the removal of all persons and property
24from the premises and
, unless the plaintiff or his or her agent removes and stores or
1disposes of the property under sub. (3) (am), in the handling and storage of all
2property removed
therefrom from the premises.
AB610, s. 10
3Section
10. 799.45 (3) (a) of the statutes is amended to read:
AB610,5,64
799.45
(3) (a)
In Except as provided under par. (am), in accomplishing the
5removal of property from the premises described in the writ, the sheriff
or the city
6police department is authorized to engage the services of a mover or trucker.
AB610, s. 11
7Section
11. 799.45 (3) (am) of the statutes is created to read:
AB610,5,208
799.45
(3) (am) When delivering a writ of restitution to the sheriff or the city
9police department, the plaintiff or his or her attorney or agent may notify the sheriff
10or the city police department that the plaintiff or the plaintiff's agent shall be
11responsible for the removal and storage or disposal of the property that is found in
12the premises described in the writ and that does not belong to the plaintiff. If the
13sheriff or the city police department is notified that the plaintiff or the plaintiff's
14agent shall be responsible for the removal and storage or disposal of the property,
15the sheriff or the city police department shall, in executing the writ of restitution,
16allow the plaintiff or the plaintiff's agent to take possession of the property. If the
17sheriff or the city police department is notified that the plaintiff or the plaintiff's
18agent shall be responsible for the removal and storage or disposal of the property, the
19plaintiff or the plaintiff's agent shall remove and store or dispose of the property
20following the procedures under s. 704.05 (5).
AB610, s. 12
21Section
12. 799.45 (3) (b) of the statutes is amended to read:
AB610,6,1322
799.45
(3) (b) Except as provided in
par. pars. (am) and (c), the property
23removed from such premises shall be taken to some place of safekeeping within the
24county selected by the sheriff
or the city police department. Within 3 days of the
25removal of the goods, the sheriff
or the city police department shall mail a notice to
1the defendant as specified in sub. (4) stating the place where the goods are kept and
2shall deliver to the defendant any receipt or other document required to obtain
3possession of the goods. Warehouse or other similar receipts issued with respect to
4goods stored by the sheriff or the city police department under this subsection shall
5be taken in the name of the defendant. All expenses incurred for storage and other
6like charges after delivery by the sheriff
or the police officer employed by the city to
7a place of safekeeping shall be the responsibility of the defendant, and any person
8accepting goods from the sheriff
or the police officer employed by the city for storage
9under this subsection shall have all of the rights and remedies accorded by law
10against the defendant personally and against the property stored for the collection
11of such charges, including the lien of a warehouse keeper under s. 407.209. Risk of
12damages to or loss of such property shall be borne by the defendant after delivery by
13the sheriff
or the police officer employed by the city to the place of safekeeping.
AB610, s. 13
14Section
13. 799.45 (3) (c) of the statutes is amended to read:
AB610,6,2415
799.45
(3) (c) When, in the exercise of ordinary care, the sheriff
or the police
16officer employed by the city determines that property removed from premises
17described in the writ is without monetary value, the sheriff
or police officer employed
18by the city may deliver or cause the same to be delivered to some appropriate place
19established for the collection, storage and disposal of refuse. In such case the sheriff
20or police officer employed by the city shall notify the defendant as specified in sub.
21(4) of the place to which the goods have been delivered within 3 days of the removal
22of the goods. The exercise of ordinary care by the sheriff
or police officer employed
23by the city under this subsection does not include searching apparently valueless
24property for hidden or secreted articles of value.
AB610, s. 14
25Section
14. 799.45 (4) of the statutes is amended to read:
AB610,7,5
1799.45
(4) Manner of giving notice to defendant. All notices required by sub.
2(3) to be given to the defendant by the sheriff
or police officer employed by the city 3shall be in writing and shall be personally served upon the defendant or mailed to
4the defendant at the last-known address, even if such address be the premises which
5are the subject of the eviction action.
AB610, s. 15
6Section
15. 799.45 (5) (a) of the statutes is amended to read:
AB610,7,117
799.45
(5) (a) Within 10 days of the receipt of the writ, the sheriff
or police
8officer employed by the city shall execute the writ and perform all of the duties
9required by this section and return the same to the court with the sheriff's
or police
10officer's statement of the expenses and charges incurred in the execution of the writ
11and paid by the plaintiff.
AB610, s. 16
12Section
16. 799.45 (5) (b) of the statutes is amended to read:
AB610,7,1513
799.45
(5) (b) Upon receipt of the returned writ and statement from the sheriff
14or police officer employed by the city, the clerk shall tax and insert in the judgment
15as prescribed by s. 799.25 the additional costs incurred by the plaintiff.
AB610,7,1817
(1) This act first applies to writs of restitution issued on the effective date of
18this subsection.