SB146: Bill Text

SB146,100,1 Address .... (Case Classification Type): .... (Code No.)

SB146,100,2 City, State Zip Code

SB146,100,3 , Defendant

SB146,100,5 THE STATE OF WISCONSIN, To each person named above as a Defendant:

SB146,100,7 You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you.

SB146,100,11 Within 45 days of receiving this summons, you must respond with a written demand for a copy of the complaint. The demand must be sent or delivered to the court, whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You may have an attorney help or represent you.

SB146,100,17 If you do not demand a copy of the complaint within 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

SB146,100,18 Dated: ...., .... (year)

SB146,100,19 Signed: .... ....

SB146,100,20 A. B., Plaintiff

SB146,100,21 or

SB146,100,22 E. F., Plaintiff's Attorney

SB146,100,23 State Bar Number No.: ....

SB146,100,24 Address: ....

SB146,100,25 City, State Zip Code: ....

SB146,101,1 Phone No.: ....

Note: The stricken language was deleted by 1997 Wis. Act 187 without being shown as stricken and the underscored material was inserted by Act 187 without being shown as underscored. The changes were intended.

SB146, s. 345 Section 345. 801.095 (3) of the statutes, as affected by 1997 Wisconsin Acts 187 and 250, is amended to read:

SB146,101,4 801.095 (3) No personal service; complaint served at the same time.

SB146,101,5 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

SB146,101,7 A. B.

SB146,101,8 Address

SB146,101,10 City, State Zip Code File No. ....

SB146,101,11 , Plaintiff

SB146,101,12 vs. S U M M O N S

SB146,101,13 C. D.

SB146,101,14 Address .... (Case Classification Type): .... (Code No.)

SB146,101,15 City, State Zip Code

SB146,101,16 , Defendant

SB146,101,18 THE STATE OF WISCONSIN, To each person named above as a Defendant:

SB146,101,21 You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is also served upon you, states the nature and basis of the legal action.

SB146,102,4 Within 45 days after ...., .... (year), you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You may have an attorney help or represent you.

SB146,102,10 If you do not provide a proper answer within 40 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

SB146,102,11 Dated: ...., .... (year)

SB146,102,12 Signed: .... ....

SB146,102,13 A. B., Plaintiff

SB146,102,14 or

SB146,102,15 E. F., Plaintiff's Attorney

SB146,102,16 State Bar Number No.: ....

SB146,102,17 Address: ....

SB146,102,18 City, State Zip Code: ....

SB146,102,19 Phone No.: ....

Note: The stricken language was deleted by 1997 Wis. Act 187 without being shown as stricken and the underscored language was inserted by Act 187 without being shown as underscored. The changes were intended.

SB146, s. 346 Section 346. 801.095 (4) of the statutes, as affected by 1997 Wisconsin Acts 187 and 250, is amended to read:

SB146,102,22 801.095 (4) No personal service; complaint not served at the same time.

SB146,103,1 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

SB146,103,3 A. B.

SB146,103,4 Address

SB146,103,5 City, State Zip Code File No. ....

SB146,103,6 , Plaintiff

SB146,103,7 vs. S U M M O N S

SB146,103,8 C. D.

SB146,103,9 Address .... (Case Classification Type): .... (Code No.)

SB146,103,10 City, State Zip Code

SB146,103,11 , Defendant

SB146,103,13 THE STATE OF WISCONSIN, To each person named above as a Defendant:

SB146,103,15 You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you.

SB146,103,19 Within 45 days after ...., .... (year), you must respond with a written demand for a copy of the complaint. The demand must be sent or delivered to the court, whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You may have an attorney help or represent you.

SB146,103,25 If you do not demand a copy of the complaint within 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

SB146,104,1 Dated: ...., .... (year)

SB146,104,2 Signed: .... ....

SB146,104,3 A. B., Plaintiff

SB146,104,4 or

SB146,104,5 E. F., Plaintiff's Attorney

SB146,104,6 State Bar Number No.: ....

SB146,104,7 Address: ....

SB146,104,8 City, State Zip Code: ....

SB146,104,9 Phone No.: ....

Note: The stricken language was deleted by 1997 Wis. Act 187 without being shown as stricken and the underscored language was inserted by Act 187 without being shown as underscored. The changes were intended.

SB146, s. 347 Section 347. 801.11 (2) (b) of the statutes is amended to read:

SB146,104,16 801.11 (2) (b) Where the person under disability is known by the plaintiff to be under guardianship of any kind, a summons shall be served separately upon the guardian in any manner prescribed in sub. (1), (5), or (6) or (7). If no guardian has been appointed when service is made upon a person known to the plaintiff to be incompetent to have charge of the person's affairs, then service of the summons shall be made upon the guardian ad litem after appointment under s. 803.01.

Note: Section 801.11 (7) was repealed by 1997 Wis. Act 140.

SB146, s. 348 Section 348. The treatment of 802.06 (1) of the statutes by 1997 Wisconsin Act 133 is not repealed by 1997 Wisconsin Act 187. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 349 Section 349. 807.10 (3) of the statutes, as affected by 1997 Wisconsin Act 290, is amended to read:

SB146,105,14 807.10 (3) If the amount awarded to a minor by judgment or by an order of the court approving a compromise settlement of a claim or cause of action of the minor does not exceed $10,000 (,exclusive of interest and costs and disbursements), and if there is no general guardian of the ward, the court may upon application by the guardian ad litem after judgment, or in the order approving settlement, fix and allow the expenses of the action, including attorney fees and fees of guardian ad litem, authorize the payment of the total recovery to the clerk of the court, authorize and direct the guardian ad litem upon the payment to satisfy and discharge the judgment, or to execute releases to the parties entitled thereto and enter into a stipulation dismissing the action upon its merits. The order shall also direct the clerk upon the payment to pay the costs and disbursements and expenses of the action and to dispose of the balance in one of the manners provided in s. 880.04 (2) as selected by the court. The fee for the clerk's services for handling, depositing and disbursing funds under this subsection is prescribed in s. 814.61 (12) (a).

Note: Replaces parentheses with commas consistent with current style.

SB146, s. 350 Section 350. The treatment of 812.44 (4) (form) 2. of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 250. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 351 Section 351. The treatment of 814.04 (intro.) of the statutes by 1997 Wisconsin Act 55 is not repealed by 1997 Wisconsin Act 164. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 352 Section 352. 853.04 (1) (a), (b) and (c) of the statutes, as created by 1997 Wisconsin Act 188, are consolidated, renumbered 853.04 (1) (form) and amended to read:

SB146,105,22 853.04 (1) (form)