LRBa2105/2
KSH:jlg:jf
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1997 ASSEMBLY BILL 651
March 18, 1998 - Offered by Representative Huebsch.
AB651-ASA2-AA1,1,6
21. Page 51, line 17: delete lines 17 and 18 and substitute "a notice to the obligor
3stating that the department intends to issue an execution requiring the sheriff to
4seize and sell the property within 90 days of the date of the execution. The final
5notice shall include a notice of the obligor's right to redeem the property under par.
6(e) 8.".
AB651-ASA2-AA1,2,2
9"(e)
Execution and sale. After the department has sent the notice under par.
10(d), the department may issue an execution on any personal property identified in
11the notice to enforce a lien contained in the statewide support lien docket. The
12department shall provide a copy of an execution under this paragraph to the obligor
1and to any other person having an interest in the property. The provisions of ch. 815
2apply to the executions issued by the department, except as follows:
AB651-ASA2-AA1,2,63
1. References to judgments shall be read as references to liens entered in the
4statewide support lien docket, references to debtors shall be read as references to
5obligors and references to the court or a judge shall be read as references to the
6department.
AB651-ASA2-AA1,2,97
2. Sections 815.01 to 815.04 do not apply. The department may not issue an
8execution more than 5 years after the date on which the lien was entered in the
9statewide support lien docket.
AB651-ASA2-AA1,2,1310
3. Section 815.05 does not apply. If the department has delegated under sub.
11(17) its authority under this subsection, the execution shall be signed by the director
12of the child support agency that is initiating the real property seizure on behalf of the
13department. The execution shall include all of the following information:
AB651-ASA2-AA1,2,1514
a. The date that a lien against the obligor was first entered on the child support
15lien docket.
AB651-ASA2-AA1,2,1716
b. The amount of past due child support that is owed at the time the execution
17is issued.
AB651-ASA2-AA1,2,1818
c. A description of the personal property.
AB651-ASA2-AA1,2,2019
d. A directive to the officer to whom the execution is addressed to seize and sell
20the property within 90 days of the date of the execution.
AB651-ASA2-AA1,2,2221
4. The execution shall be made returnable under s. 815.06 to the department
22within 90 days, rather than 60 days, after its receipt by the officer.
AB651-ASA2-AA1,2,2423
5. Sections 815.07, 815.09 to 815.12, 815.14, 815.15, 815.18 to 815.21, 815.25
24and 815.26 do not apply.
AB651-ASA2-AA1,3,4
16. Notwithstanding s. 815.29, the officer may not sell the personal property
2without 20 days advance notice. In addition to the notice required under s. 815.29,
3the officer to whom the execution is issued shall notify the obligor of the time and
4place of the sale of the personal property.
AB651-ASA2-AA1,3,85
7. If, prior to the sale of the personal property, the department or child support
6agency notifies the officer that the obligor has paid the amount owed together with
7any levy fees and costs under sub. (11) or that the custodial parent to whom the
8support is owed has died, the officer shall discontinue the execution.
AB651-ASA2-AA1,3,219
8. Sections 815.52 to 815.55 do not apply. The obligor may redeem the property
10prior to the date of the sale by payment of the full amount of support owed together
11with any levy fees and costs under sub. (11). The property may not be redeemed after
12it is sold. If the property is redeemed, the county child support agency shall issue a
13certificate upon redemption that includes the date of redemption, the amount of
14money paid and a description of the property redeemed. The certificate of
15redemption may be recorded in the office of the register of deeds. If titled property
16is redeemed, the department shall instruct the titling agency that the agency may
17transfer title to the property without receiving instructions from a court or the
18department under par. (a). Upon the sale of personal property on execution, the
19officer shall issue a certificate of sale to the purchaser within 10 days of the sale. If
20titled property is sold, the department shall instruct the titling agency to transfer
21title of the sold property to the purchaser.
AB651-ASA2-AA1,3,2422
(f)
Updating the lien docket. The department shall update the statewide
23support lien docket to remove a lien that is satisfied by an execution or sale under
24this subsection.".
AB651-ASA2-AA1,4,5
13. Page 54, line 13: delete lines 13 to 17 and substitute "state that the
2department intends to issue an execution requiring the sheriff to seize and sell the
3property within 90 days of the date of the execution and that the obligor must vacate
4the property by the time of sale. The final notice shall include a notice of the obligor's
5right to redeem the property under par. (e) 8.".
AB651-ASA2-AA1,4,13
8"(e)
Execution and sale. After the department has sent the final notice under
9par. (d), the department may issue an execution on any real property identified in the
10notice to enforce a lien contained in the statewide support lien docket. The
11department shall provide a copy of an execution under this paragraph to the obligor
12and to any other person having an interest in the property. The provisions of ch. 815
13apply to the executions issued by the department, except as follows:
AB651-ASA2-AA1,4,1714
1. References to judgments shall be read as references to liens entered in the
15statewide support lien docket, references to debtors shall be read as references to
16obligors and references to the court or a judge shall be read as references to the
17department.
AB651-ASA2-AA1,4,2018
2. Sections 815.01 to 815.04 do not apply. The department may not issue an
19execution more than 5 years after the date on which the lien was entered in the
20statewide support lien docket.
AB651-ASA2-AA1,4,2421
3. Section 815.05 does not apply. If the department has delegated under sub.
22(17) its authority under this subsection, the execution shall be signed by the director
23of the child support agency that is initiating the real property seizure on behalf of the
24department. The execution shall include all of the following information:
AB651-ASA2-AA1,5,2
1a. The date that a lien against the obligor was first entered on the child support
2lien docket.
AB651-ASA2-AA1,5,43
b. The amount of past due child support that is owed at the time the execution
4is issued.
AB651-ASA2-AA1,5,65
c. A legal description of the property against which the lien is to be executed.
6Including the location, of the property against which the lien is to be executed.
AB651-ASA2-AA1,5,87
d. The street address or location of the property against which the lien is to be
8executed.
AB651-ASA2-AA1,5,109
e. A directive to the officer to whom the execution is addressed to seize and sell
10the property within 90 days of the date of the execution.
AB651-ASA2-AA1,5,1211
4. The execution shall be made returnable under s. 815.06 to the department
12within 90 days, rather than 60 days, after its receipt by the officer.
AB651-ASA2-AA1,5,1413
5. Sections 815.07, 815.09 to 815.12, 815.14, 815.15, 815.18 to 815.21, 815.25
14and 815.26 do not apply.
AB651-ASA2-AA1,5,1715
6. In addition to the notice required under s. 815.31, the officer to whom the
16execution is issued shall notify the obligor of the time and place of the sale of the real
17property.
AB651-ASA2-AA1,5,2118
7. If, prior to the sale of the real property, the department or child support
19agency notifies the officer that the obligor has paid the amount owed together with
20any levy fees and costs under sub. (11) or that the custodial parent to whom the
21support is owed has died, the officer shall discontinue the execution.
AB651-ASA2-AA1,6,522
8. Sections 815.38 to 815.55 do not apply. The obligor may redeem the property
23prior to the date of the sale by payment of the full amount of support owed together
24with any levy fees and costs under sub. (11). The property may not be redeemed after
25it is sold. If the property is redeemed, the county child support agency shall issue a
1certificate upon redemption that includes the date of redemption, the amount of
2money paid and a description of the property redeemed. The certificate of
3redemption may be recorded in the office of the register of deeds. Upon the sale of
4the real estate on execution, the officer shall issue a deed and a certificate of sale to
5the purchaser within 10 days of the sale.
AB651-ASA2-AA1,6,106
9. The department may issue an administrative order directing a local law
7official to remove the obligor from the property if property is not vacated before the
8time of sale. A person occupying the property under claim of ownership, lease or
9month-to-month tenancy may not be removed except by proceedings under ch. 799
10or 843.
AB651-ASA2-AA1,6,1111
10. Sections 815.59 to 815.64 do not apply.
AB651-ASA2-AA1,6,1412
(f)
Updating the lien docket. The department shall update the statewide
13support lien docket to remove a lien that is satisfied by an execution or sale under
14this subsection.".
