LRB-3258/1
RPN:cjs&jlg:hmh
1999 - 2000 LEGISLATURE
February 17, 2000 - Introduced by Representatives Schooff, Ryba, Berceau and
Huber, cosponsored by Senators Robson and Erpenbach. Referred to
Committee on Judiciary and Personal Privacy.
AB767,1,2
1An Act to renumber and amend 800.04 (2m); and
to create 800.04 (2m) (b) of
2the statutes;
relating to: default judgments in municipal court cases.
Analysis by the Legislative Reference Bureau
Under current law, a municipal court may enter a default judgment against a
defendant only if all of the following conditions are met:
1. The defendant has not appeared at the time scheduled for the initial
appearance.
2. The defendant has not made a plea of no contest and deposited the
appropriate amount of money with the municipality.
3. The municipality has had the citation or summons personally served on the
defendant or on an appropriate person at the defendant's usual place of abode.
This bill adds an additional way that a municipal court may enter a default
judgment against a defendant. If the conditions in paragraphs 1. and 2., above, are
met and if the following additional conditions are met, a default judgment may be
entered:
1. The municipality has the summons or citation served on the defendant by
first class mail.
2. The envelope enclosing the document has the return address of the sender.
3. The envelope is not returned unopened to the sender.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB767, s. 1
1Section
1. 800.04 (2m) of the statutes is renumbered 800.04 (2m) (a) and
2amended to read:
AB767,2,103
800.04
(2m) (a) If a defendant does not appear at the initial appearance, the
4court may issue a warrant to bring the defendant before the court. Upon proof of
5personal service of the summons or citation under s. 800.01 (1), or upon proof of
6service of the summons or citation under s. 801.11 (1) (b), the court may enter a
7default judgment by reason of the failure of a defendant to respond to a citation under
8s. 800.02 (2) (a) or a summons under s. 800.02 (4). If a warrant is issued for a
9defendant under this
subsection paragraph, the defendant may be detained in jail
10prior to the initial appearance.
AB767, s. 2
11Section
2. 800.04 (2m) (b) of the statutes is created to read:
AB767,2,1412
800.04
(2m) (b) Notwithstanding par. (a), the court may enter a default
13judgment by reason of the failure of a defendant to respond to a citation under s.
14800.02 (2) (a) or a summons under s. 800.02 (4) if all of the following occur:
AB767,2,1515
1. The defendant does not appear at the initial appearance.
AB767,2,1716
2. The defendant has not made a plea of no contest and a deposit under s. 800.03
17(1).
AB767,2,1818
3. Service was by 1st class mail to the defendant's last-known address.
AB767,2,2019
4. The envelope enclosing the summons or citation includes the sender's return
20address.
AB767,2,2221
5. The envelope enclosing the summons or citation is not returned unopened
22to the sender before the scheduled date of the court hearing.
AB767,3,2
1(1) This act first applies to actions commenced in municipal court on the
2effective date of this subsection.
