CHAPTER 778
COLLECTION OF FORFEITURES
778.01 Action for forfeitures.
778.015 Applicability in circuit court.
778.02 Action in name of state; complaint; attachment.
778.03 Complaint to recover forfeited goods.
778.04 Plaintiffs; costs.
778.06 Action for what sum.
778.09 Judgment, costs, commitment of defendant.
778.10 Municipal forfeitures, how recovered.
778.103 Traffic regulation forfeitures; how recovered.
778.104 Department of natural resources forfeitures; how recovered.
778.105 Disposition of forfeitures.
778.11 Duty of town officers.
778.12 Duty of district attorney.
778.13 Forfeitures collected, to whom paid.
778.135 Elections board forfeitures; how recovered.
778.136 Ethics and lobbying forfeitures; how recovered.
778.14 Treasurers to collect.
778.15 Payment to county treasurer.
778.17 Statement to county board; payment to state.
778.18 Penalty upon municipal judge.
778.19 Recovery of property forfeited to state.
778.20 Who liable for costs.
778.25 Citation procedure for certain limited violations.
778.26 Citation procedure; violation of land trespass laws.
778.30 Collection of forfeitures and related charges by assignment.
778.01
778.01
Action for forfeitures. Where a forfeiture imposed by statute shall be incurred it may be recovered in a civil action unless the act or omission is punishable by fine and imprisonment or by fine or imprisonment. The word forfeiture, as used in this chapter, includes any penalty, in money or goods.
778.01 History
History: 1979 c. 32 s.
56; Stats. 1979 s. 778.01.
778.01 Cross-reference
Cross-reference: For forfeitures imposed by city or village ordinance, see s.
66.12.
778.01 Annotation
For a forfeiture action to accrue against a nonresident owner of a building by reason of violations of the state building code, the nonresident violator should receive notice of the violations, which notice need not be actual, but must be reasonably calculated to inform him with respect thereto. State v. James, 47 W (2d) 600, 177 NW (2d) 864.
778.01 Annotation
The definition of forfeiture applies only to ch. 288, 1977 stats. [now ch. 778]. State v. Mando Enterprises, Inc. 56 W (2d) 801, 203 NW (2d) 64.
778.01 Annotation
This section does not preclude prosecution under a statute punishable only by forfeiture in the same action with criminal charges. State v. Johnston, 184 W (2d) 794, 518 NW (2d) 759 (1994).
778.01 Annotation
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12% and may be enforced through collection remedies available in other civil proceedings.
OAG 2-95.
778.015
778.015
Applicability in circuit court. This chapter applies to actions in circuit court. The procedure in
ss. 778.14,
778.15 and
778.18 and
ch. 800 applies to actions in municipal court.
778.015 History
History: 1977 c. 305;
1977 c. 449 s.
497;
1979 c. 32 ss.
56,
92 (8), (17); Stats. 1979 s. 778.015.
778.02
778.02
Action in name of state; complaint; attachment. Every such forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute that imposes it, specifying the statute and for the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, the enforcement assessment imposed under
s. 253.06 (4) (c) or
(5) (c) and any applicable domestic abuse assessment imposed by
s. 973.055 (1). If the statute imposes a forfeiture for several offenses or delinquencies the complaint shall specify the particular offense or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable enforcement assessment and any applicable domestic abuse assessment. If the defendant is a nonresident of the state, an attachment may issue.
778.03
778.03
Complaint to recover forfeited goods. In an action to recover property forfeited by any statute it shall be sufficient to allege in the complaint that the property has been forfeited, specifying the statute, with a demand of judgment for the delivery of the property, or the value thereof and for payment of the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, the enforcement assessment imposed under
s. 253.06 (4) (c) or
(5) (c) and any applicable domestic abuse assessment imposed by
s. 973.055 (1).
778.04
778.04
Plaintiffs; costs. In case a portion of any forfeiture belongs or is payable to any person, the person may join with the state as plaintiff; and in such case, if judgment is rendered for the defendant, it shall be against such person solely. Such person may be compelled to give security for costs as in ordinary civil actions.
778.04 History
History: 1979 c. 32 s.
56;
1979 c. 176; Stats. 1979 s. 778.04.
778.04 Annotation
See note to 196.625, citing State v. Wisconsin Telephone Co. 91 W (2d) 702, 284 NW (2d) 41 (1979).
778.06
778.06
Action for what sum. When a forfeiture is imposed, not exceeding a specific sum or when it is not less than one sum or more than another, the action may be brought for the highest sum specified and for the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, the enforcement assessment imposed under
s. 253.06 (4) (c) or
(5) (c) and any applicable domestic abuse assessment imposed by
s. 973.055 (1); and judgment may be rendered for such sum as the court or jury shall assess or determine to be proportionate to the offense.
778.06 Annotation
Where the city neither disputed its violation of the order nor denied the state was entitled to a forfeiture to the extent of its violation of the order, it was error for the trial court to utilize this section to justify the imposition of forfeiture less than the statutory minimum. State v. City of Monona, 63 W (2d) 67, 216 NW (2d) 230.
778.09
778.09
Judgment, costs, commitment of defendant. Where judgment is recovered pursuant to this chapter it shall include costs and direct that if the judgment is not paid the defendant, if an individual, shall be imprisoned in the county jail for a specified time, not exceeding 6 months, or until otherwise discharged pursuant to law. The commitment shall issue, as in ordinary criminal actions, and the defendant shall not be entitled to the liberties of the jail.
778.09 History
History: 1979 c. 32 s.
56; Stats. 1979 s. 778.09;
1997 a. 254.
778.10
778.10
Municipal forfeitures, how recovered. All forfeitures imposed by any ordinance or regulation of any county, town, city or village, or of any other domestic corporation may be sued for and recovered, under this chapter, in the name of the county, town, city, village or corporation. It is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, specifying the ordinance or regulation that imposes it and of the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755 and any applicable domestic abuse assessment imposed by
s. 973.055 (1). If the ordinance or regulation imposes a penalty or forfeiture for several offenses or delinquencies the complaint shall specify the particular offenses or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755 and any applicable domestic abuse assessment imposed by
s. 973.055 (1). All moneys collected on the judgment shall be paid to the treasurer of the county, town, city, village or corporation, except that all jail assessments shall be paid to the county treasurer.
778.10 Annotation
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12% and may be enforced through collection remedies available in other civil proceedings.
OAG 2-95.
778.103
778.103
Traffic regulation forfeitures; how recovered. Where there is a conflict with this chapter, the procedure in
ch. 345 shall be followed in actions to recover forfeitures for the violation of traffic regulations as defined in
s. 345.20, and the procedures in
ss. 345.28 and
345.34 to
345.47 shall be followed in actions to recover forfeitures for nonmoving traffic violations as defined in
s. 345.28 (1).
778.103 History
History: 1971 c. 278;
1979 c. 32 s.
56; Stats. 1979 s. 778.103;
1981 c. 165.
778.104
778.104
Department of natural resources forfeitures; how recovered. If there is a conflict with this chapter, the procedure in
ss. 23.50 to
23.85 shall be followed in actions to recover forfeitures for the violation of those natural resources laws enumerated in
s. 23.50.
778.104 History
History: 1975 c. 365;
1979 c. 32 s.
56; Stats. 1979 s. 778.104.
778.105
778.105
Disposition of forfeitures. Revenues from forfeitures imposed by any court or any branch thereof for the violation of any municipal or county ordinance shall be paid to the municipality or county. Penalty assessment payments shall be made as provided in
s. 165.87. Jail assessment payments shall be made as provided in
s. 302.46 (1). Crime laboratories and drug law enforcement assessment payments shall be paid as provided in
s. 165.755. Domestic abuse assessments shall be made as provided in
s. 973.055.
