LRBs0077/2
RPN:kjf:jf
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 149
April 7, 2005 - Offered by Representative Kessler.
AB149-ASA1,1,2
1An Act to amend 814.04 (6) of the statutes;
relating to: attorney fees in civil
2actions.
Analysis by the Legislative Reference Bureau
Under current law, generally in civil actions the amount a prevailing party may
recover in attorney fees is limited by law. If the amount recovered is greater than
$5,000, the attorney fees are $500. If the amount recovered is from $1,000 to $5,000,
the attorney fees are $300. If the amount recovered is less than $1,000, the attorney
fees are $100. If there is no specific amount recovered or if the action does not involve
property, the attorney fees are $300. Current law reduces these attorney fee awards
by half if there is a default judgment or if the action is voluntarily dismissed by the
adverse party.
This substitute amendment reduces the attorney fees by half when the action
is caused to be brought in small claims court by a collection agency on behalf of a
creditor and there is a default judgment or the action is voluntarily dismissed by the
adverse party.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB149-ASA1,2,4
1814.04
(6) Judgment by default. If
an action is caused to be brought under ch.
2799 by a collection agency on behalf of a creditor and the judgment is by default or
3upon voluntary dismissal by the adverse party the costs taxed under sub. (1) shall
4be one-half what they would have been had the matter been contested.
