LRB-4927/1
MCP:emw
2023 - 2024 LEGISLATURE
November 9, 2023 - Introduced by Senators Larson, L. Johnson, Spreitzer and
Roys, cosponsored by Representatives Clancy, C. Anderson, Madison,
Ratcliff, Palmeri, Baldeh, Bare, Cabrera, Drake, Emerson, Shelton,
Sinicki, Snodgrass, Stubbs, Hong, Moore Omokunde, Ohnstad, Joers,
Ortiz-Velez and J. Anderson. Referred to Committee on Housing, Rural
Issues and Forestry.
SB663,1,4 1An Act to amend 799.05 (3) (b), 799.05 (7), 799.06 (3) (a), 799.12 (3), 799.16 (4)
2(c), 799.20 (4), 799.206 (3), 799.21 (3) (a), 799.21 (3) (b), 799.25 (10) (b) and
3799.27 (1); and to create 799.01 (1) (ag) and 799.47 of the statutes; relating
4to:
actions for relief from extrajudicial eviction in small claims court.
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:
SB663,1 1Section 1. 799.01 (1) (ag) of the statutes is created to read:
SB663,2,32 799.01 (1) (ag) Extrajudicial evictions. Actions for relief from extrajudicial
3evictions as described in s. 799.47.
SB663,2 4Section 2. 799.05 (3) (b) of the statutes is amended to read:
SB663,2,115 799.05 (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.
SB663,3 12Section 3. 799.05 (7) of the statutes is amended to read:
SB663,2,1513 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:
SB663,2,1616 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
SB663,2,1818 A. B.
SB663,2,1919 Address
SB663,2,2020 City, State Zip Code File No. ....
SB663,2,2121 , Plaintiff
SB663,3,1
1 vs. S U M M O N S (SMALL CLAIMS)
SB663,3,22 C.D.
SB663,3,33 Address
SB663,3,44 City, State Zip Code
SB663,3,55 , Defendant
SB663,3,77 THE STATE OF WISCONSIN, to the Defendant:
SB663,3,88 You are being sued for:
SB663,3,99 .... Eviction
SB663,3,10 10.... Relief from extrajudicial eviction
SB663,3,1111 .... Return of Property
SB663,3,1312 .... Confirmation, vacation, modification or correction
13 of arbitration award
SB663,3,1414 .... $........
SB663,3,1815 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.
SB663,3,2019 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.
SB663,3,2121 Dated at .... County, Wisconsin, this .... day of ...., .... (year)
SB663,3,2222 Signed: .... ....
SB663,3,2323 E. F., Clerk of Circuit Court
SB663,4,1
1 G. H., Plaintiff's Attorney
SB663,4,22 State Bar No.: ....
SB663,4,33 Address: ....
SB663,4,44 City, State Zip Code: ....
SB663,4,55 Phone No.: ....
SB663,4 6Section 4. 799.06 (3) (a) of the statutes is amended to read:
SB663,4,97 799.06 (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:
SB663,4,1010 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
SB663,4,1212 A. B.
SB663,4,1313 Address
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