AB620-ASA1,7,518
814.04
(2) Disbursements. All the necessary disbursements and fees allowed
19by law; the compensation of referees; a reasonable disbursement for the service of
20process or other papers in an action when the same are served by a person authorized
21by law other than an officer, but the item may not exceed the authorized sheriff's fee
22for the same service; amounts actually paid out for certified
and other copies of
23papers and records in any public office; postage,
telegraphing photocopying,
24telephoning
, electronic communications, facsimile transmissions and express
or
25overnight delivery; depositions including copies; plats and photographs, not
1exceeding
$50 $100 for each item; an expert witness fee not exceeding
$100 $300 for
2each expert who testifies, exclusive of the standard witness fee and mileage which
3shall also be taxed for each expert; and in actions relating to or affecting the title to
4lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees
5shall not be taxed as a cost or disbursement.
AB620-ASA1,7,9
7814.07 Costs on motion. Costs may be allowed on a motion, in the discretion
8of the court or judge, not exceeding
$50 $300, and may be absolute or directed to abide
9the event of the action.
AB620-ASA1,7,1311
815.18
(3) (k)
Depository accounts. Depository accounts in the aggregate value
12of $1,000
, but only to the extent that the account is for the debtor's personal use and
13is not used as a business account.
AB620-ASA1,7,2415
895.035
(2) The parent or parents with custody of a minor child, in any
16circumstances where he, she or they may not be liable under the common law, are
17liable for damages to property, for the cost of repairing or replacing property or
18removing the marking, drawing, writing or etching from property regarding a
19violation under s. 943.017, for the value of unrecovered stolen property or for
20personal injury attributable to a wilful, malicious or wanton act of the child. The
21parent or parents with custody of their minor child are jointly and severally liable
22with the child for the damages imposed under s.
895.80, 943.212, 943.24, 943.245 or 23943.51 for their child's violation of s.
943.01, 943.011, 943.012, 943.017, 943.20,
24943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50
or 943.61.
AB620-ASA1,8,4
1895.08 Suit by collection agency. In addition to the requirements of ss.
2801.09 (1), 801.095, 802.04 (1) and 815.05 (intro.), in an action brought by a collection
3agency under s. 218.04 (9j), the collection agency shall include in the caption, under
4its name, the names of the creditors on whose behalf the action is brought.
AB620-ASA1,8,136
895.80
(1) Any person who suffers damage or loss by reason of intentional
7conduct that occurs on or after November 1, 1995, and that is prohibited under s.
8943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61, or
9by reason of intentional conduct that occurs on or after April 28, 1998, and that is
10prohibited under s. 943.201,
or by reason of intentional conduct that occurs on or
11after the effective date of this subsection .... [revisor inserts date], and that is
12prohibited under s. 943.011, 943.012 or 943.017, has a cause of action against the
13person who caused the damage or loss.
AB620-ASA1,8,2115
895.80
(2) The burden of proof in a civil action under sub. (1) is with the person
16who suffers damage or loss to prove
his or her case
a violation of s. 943.01, 943.011,
17943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
18943.50 or 943.61 by a preponderance of the credible evidence.
A conviction under s.
19943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34,
20943.395, 943.41, 943.50 or 943.61 is not required to bring an action, obtain a
21judgment or collect on that judgment under this section.
AB620-ASA1, s. 22
22Section
22. 895.80 (3) (a) of the statutes is repealed and recreated to read:
AB620-ASA1,9,223
895.80
(3) (a) Actual damages, including the retail or replacement value of
24damaged, used or lost property, whichever is greater, for a violation of s. 943.01,
1943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395,
2943.41, 943.50 or 943.61.
AB620-ASA1,9,54
895.80
(3) (b) All costs of investigation and litigation that were reasonably
5incurred
, including the value of the time spent by any employe or agent of the victim.
AB620-ASA1,9,97
895.80
(3) (c) Exemplary damages of not more than 3 times the amount
8awarded under par. (a). No additional proof is required under this section for an
9award of exemplary damages under this paragraph.
AB620-ASA1, s. 25
10Section
25. 895.80 (4) of the statutes is repealed and recreated to read:
AB620-ASA1,9,1211
895.80
(4) Any recovery under this section shall be reduced by the amount
12recovered as restitution under ss. 800.093 and 973.20 and ch. 938.
AB620-ASA1,9,1514
895.80
(6) A person is not criminally liable under s. 943.30 for any action
15brought in good faith under this section.
AB620-ASA1,9,2117
943.24
(3) (b) Proof that, at the time of issuance, the person did not have
18sufficient funds or credit with the drawee and that the person failed within 5 days
19after receiving
written notice of nonpayment or dishonor to pay the check or other
20order
, delivered by regular mail to either the person's last-known address or the
21address provided on the check or other order; or
AB620-ASA1,9,2523
943.24
(3) (c) Proof that, when presentment was made within a reasonable
24time, the person did not have sufficient funds or credit with the drawee and the
25person failed within 5 days after receiving
written notice of nonpayment or dishonor
1to pay the check or other order
, delivered by regular mail to either the person's
2last-known address or the address provided on the check or other order.
AB620-ASA1,10,64
943.245
(3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for
5exemplary damages and reasonable attorney fees may not exceed $500
for each
6violation.
AB620-ASA1,10,168
943.245
(4) At least 20 days prior to commencing an action, as specified in s.
9801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or
10her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the
11payee or holder of the check or order to the drawer by regular mail
supported by an
12affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post
13office from which the mailing was made. The plaintiff shall mail the notice to the
14defendant's last-known address or to the address provided on the check or order. If
15the defendant pays the check or order prior to the commencement of the action, he
16or she is not liable under this section.
AB620-ASA1,10,2018
943.51
(3) Notwithstanding sub. (2) and except as provided in sub. (3m), the
19total amount awarded for exemplary damages and reasonable attorney fees may not
20exceed $500
for each violation.
AB620-ASA1,10,2522
943.51
(3m) Notwithstanding sub. (2), the total amount awarded for
23exemplary damages and reasonable attorney fees may not exceed $300
for each
24violation if the action is brought against a minor or against the parent who has
25custody of their minor child for the loss caused by the minor.
AB620-ASA1,11,32
(1) Except as provided in subsection (2), this act first applies to actions
3commenced on the effective date of this subsection.
AB620-ASA1,11,64
(2)
The treatment of sections 895.035 (2), 895.80 (1), (2), (3) (a), (b) and (c), (4)
5and (6), 943.24 (3) (b) and (c), 943.245 (3) and (4) and 943.51 (3) and (3m) of the
6statutes first applies to violations committed on the effective date of this subsection.
AB620-ASA1,11,98
(1)
This act takes effect on the first day of the 4th month beginning after
9publication.
