Analysis by the Legislative Reference Bureau
Under current law, actions for eviction are heard in small claims court. Under
this bill, actions brought by a tenant for relief from extrajudicial (also known as
“self-help”) evictions may also be heard in small claims court.
Under the bill, a tenant is required to file a summons and complaint in small
claims court and serve the summons and complaint on the defendant landlord. The
return date must be held between five and 25 days from the date that the summons
is issued, which is the same time period for eviction actions. Also, similar to eviction
actions, if the defendant appears on the return date and raises a defense, the court
or circuit court commissioner hearing the action must hold a trial within 30 days of
the return date. The bill also provides that a court hearing an action for relief from
extrajudicial eviction may grant a temporary injunction against a landlord or a
landlord's agent that has removed or attempted to removed the tenant or the tenant's
belongings from the premises as part of an extrajudicial eviction.
For further information see the state and 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:
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1Section
1. 799.01 (1) (ag) of the statutes is created to read:
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799.01
(1) (ag)
Extrajudicial evictions. Actions for relief from extrajudicial
3evictions as described in s. 799.47.
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4Section
2. 799.05 (3) (b) of the statutes is amended to read:
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799.05
(3) (b) Except in eviction actions
and actions for relief from extrajudicial
6evictions, the return date for a summons served upon a resident of this state shall
7be not less than 8 days nor more than 30 days from the issue date, and service shall
8be made not less than 8 days prior to the return date. In eviction actions
and actions
9for relief from extrajudicial evictions, the return date for a summons served upon a
10resident of this state shall be not less than 5 days nor more than 25 days from the
11issue date, and service shall be made not less than 5 days prior to the return date.
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12Section
3. 799.05 (7) of the statutes is amended to read:
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799.05
(7) Form; circuit court commissioner. Except as provided in s. 799.22
14(4) (b) 3., in counties in which a circuit court commissioner is assigned to assist in
15small claims matters, the summons shall be substantially in the following form:
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STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
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City, State Zip Code File No. ....
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1 vs. S U M M O N S (SMALL CLAIMS)
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City, State Zip Code
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THE STATE OF WISCONSIN, to the Defendant:
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You are being sued for:
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10.... Relief from extrajudicial eviction
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.... Return of Property
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.... Confirmation, vacation, modification or correction
13
of arbitration award
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.... $........
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If you wish to dispute this matter, you must then be in Room ...., of the ....
16(County) County Courthouse, .... (address), .... (city), Wisconsin before .... o'clock
17(a.m.) (p.m.), on ...., .... (year). If you do not appear, a judgment may be given to the
18person suing you for what that person is asking.
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You are encouraged to bring with you all papers and documents relating to this
20matter, but there is no need to bring witnesses at this time.
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Dated at .... County, Wisconsin, this .... day of ...., .... (year)
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Signed: .... ....
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E. F., Clerk of Circuit Court
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1 G. H., Plaintiff's Attorney
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State Bar No.: ....
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City, State Zip Code: ....
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Phone No.: ....
SB663,4
6Section
4. 799.06 (3) (a) of the statutes is amended to read:
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799.06
(3) (a) The complaint in an eviction action shall conform to s. 799.41.
8The complaint in other actions under this chapter shall be in writing and shall be
9substantially in the following form:
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STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
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City, State Zip Code File No. ....
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vs. C O M P L A I N T
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Address .... (Case Classification Type): .... (Code No.)
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City, State Zip Code
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For the Plaintiff's claim against Defendant, Plaintiff states that:
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11. Plaintiff's injuries or losses occurred on or about .... (month and day), ....
2(year), and under the following circumstances (brief statement of the facts of
3plaintiff's claim):
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2. Wherefore, Plaintiff demands judgment for (return of property)
(relief from
9extrajudicial eviction) (confirmation, vacation, modification or correction of
10arbitration award) (the sum of $....) plus attorney fees, if any, costs of this suit and
11such other relief as the court deems proper.
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Signed: ....
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A. B., Plaintiff
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E. F., Plaintiff's Attorney
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State Bar No.: ....
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Address: ....
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City, State Zip Code: ....
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Phone No.: ....
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20Section
5. 799.12 (3) of the statutes is amended to read:
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799.12
(3) If authorized by court rule under sub. (2), service may be made by
22mail by filing the summons with the clerk of court, together with a request for mail
23service and the fee prescribed in s. 814.62 (4). The court shall require the use of
24certified mail with return receipt requested for all eviction
and relief from
25extrajudicial eviction cases for which service by mail is authorized under sub. (2),
1and for all other cases may by rule require the use of certified mail with return receipt
2requested. Whenever the use of certified mail is required, the additional fee
3prescribed in s. 814.62 (4) shall be paid for each defendant. The clerk shall mail a
4copy to each defendant at the last-known address as specified in the summons.
5Service of the summons is considered completed when it is mailed, unless the
6envelope enclosing the summons has been returned unopened to the clerk prior to
7the return date. All mailing of summonses shall be done in envelopes upon which
8the clerk's return address appears, with a request to return to that address. Service
9by mail to obtain a personal judgment shall be limited to the county where the action
10is commenced.
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11Section
6. 799.16 (4) (c) of the statutes is amended to read:
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799.16
(4) (c)
Notice in eviction
and relief from extrajudicial eviction.
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STATE OF WISCONSIN
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CIRCUIT COURT
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Take notice that an
eviction action (eviction action) (action for relief from
18extrajudicial eviction) has been commenced against you to recover the possession of
19the following described premises ...., of which I, the plaintiff, am entitled to
20possession, but which you have unlawfully detained from me.
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Unless you appear and defend on the .... day of ...., .... (year), at .... o'clock ..M.,
22in the circuit court of .... county, located in the courthouse in the city of ...., before the
23Honorable ...., a Judge of said court, or before any judge to whom the action may be
24assigned, judgment may be rendered against you for the restitution of said premises
25and for costs.
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1Dated: ...., .... (year)
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.... Plaintiff
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By .... Plaintiff's Attorney
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4Section
7. 799.20 (4) of the statutes is amended to read:
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799.20
(4) Inquiry of defendant who appears on return date. If the defendant
6appears on the return date of the summons or any adjourned date thereof, the court
7or circuit court commissioner shall make sufficient inquiry of the defendant to
8determine whether the defendant claims a defense to the action. If it appears to the
9court or circuit court commissioner that the defendant claims a defense to the action,
10the court or circuit court commissioner shall schedule a trial of all the issues involved
11in the action, unless the parties stipulate otherwise or the action is subject to
12immediate dismissal. In a residential eviction action
or action for relief from
13extrajudicial eviction, the court or circuit court commissioner shall hold and
14complete a court or jury trial of the issue of possession of the premises involved in
15the action within 30 days of the return date of the summons or any adjourned date
16thereof, unless the parties stipulate otherwise or the action is subject to immediate
17dismissal.
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18Section
8. 799.206 (3) of the statutes is amended to read:
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799.206
(3) When all parties appear in person or by their attorneys on the
20return date in an eviction,
relief from extrajudicial eviction, garnishment, or replevin
21action and any party raises valid legal grounds for a contest, the matter shall be
22forthwith scheduled for a hearing, to be held as soon as possible before a judge and
23in the case of an eviction action
or action for relief from extrajudicial eviction, not
24more than 30 days after the return date.
