SB344: Bill Text

SB344, s. 77 Section 77. 806.15 (2) of the statutes is renumbered 806.15 (2) (a) and amended to read:

SB344,30,21 806.15 (2) (a) When the collection of the judgment or the sale of the real estate upon which it the judgment is a lien shall be delayed by law, and the judgment creditor shall have caused to be entered on the judgment and lien docket "enforcement suspended by injunction" or otherwise, as the case may be, and such that entry is dated, the time period of such the delay after the date of such the entry shall not be taken as considered part of said 10 years. And whenever the 10-year period under sub. (1).

SB344,31,2 (b) Whenever an appeal from any judgment shall be pending and the bond or deposit requisite to stay execution has been given or made, the trial court may, on motion, after notice to the judgment creditor, on such terms as it the trial court shall see fit, direct the clerk of circuit court to enter on the judgment and lien docket that such the judgment is "secured on appeal" and thereupon it the judgment shall cease, during the pendency of such the appeal, to be a lien.

SB344, s. 78 Section 78. 806.15 (3) of the statutes is amended to read:

SB344,31,10 806.15 (3) If the judgment is affirmed on appeal or the appeal is dismissed the clerk of circuit court shall, on the filing of the remittitur, enter on the judgment and lien docket "lien restored by affirmance" or "lien restored by dismissal of appeal" with the date of such the entry, and the lien thereof shall be thereupon restored. Similar entries may be made with the like effect upon the judgment and lien docket of such the judgment in any other county upon filing with the clerk of the circuit court thereof a transcript of from the original judgment and lien docket.

SB344, s. 79 Section 79. 806.15 (4) (a) of the statutes is amended to read:

SB344,31,14 806.15 (4) (a) With respect to property held by the spouse of the judgment debtor when the judgment is docketed entered in the judgment and lien docket, the property is expressly determined available under s. 766.55 to satisfy the obligation.

SB344, s. 80 Section 80. 806.15 (4) (b) of the statutes is amended to read:

SB344,31,17 806.15 (4) (b) The property is acquired after the judgment is docketed entered in the judgment and lien docket.

SB344, s. 81 Section 81. 806.16 of the statutes is amended to read:

SB344,32,4 806.16 (title) Appellate court judgment, docketing entry. The clerk of the supreme court, on demand and upon payment of $1, shall furnish a certified transcript of any money judgment of the court of appeals or the supreme court, which transcript may be filed and docketed entered in the judgment and lien docket in the office of any clerk of the circuit court in the manner that other judgments are docketed entered and shall then be a like lien and for a like the same time as circuit court judgments on the real property in the county where docketed entered. If the court of appeals or supreme court remits its judgment for the recovery of money or for costs to the lower court, the judgment shall in like manner be docketed entered by the clerk of the lower court and shall have the like force and effect as judgments of the circuit court so docketed that are entered.

SB344, s. 82 Section 82. 806.17 of the statutes is amended to read:

SB344,32,14 806.17 (title) Docketing Entering federal judgments. Every judgment and decree requiring the payment of money rendered in a district court of the United States within this state shall be, from the docketing thereof in said court, a lien upon the real property of the judgment debtor situated in the county in which it is so docketed entered, the same as a judgment of the state court. A transcript of such docket the judgment may be filed with the clerk of the circuit court of any other county; and shall be docketed entered in the clerk's office of the clerk of circuit court as in the case of judgments and decrees of the state courts and with like effect, on payment of fees as provided in s. 814.61 (5).

SB344, s. 83 Section 83. 806.18 of the statutes is amended to read:

SB344,32,18 806.18 Assignment of judgment. (1) When a duly acknowledged assignment of a judgment is filed, the clerk of circuit court shall note the fact and the date thereof and of filing enter the assignment on the judgment and lien docket.

SB344,32,21 (2) An assignment may be made by an entry on the judgment and lien docket thus: "I assign this judgment to A.B.,", signed by the owner, with the date affixed and witnessed by the clerk of circuit court.

SB344, s. 84 Section 84. 806.19 (1) (a) and (c) of the statutes are amended to read:

SB344,33,5 806.19 (1) (a) A judgment may be satisfied in whole or in part or as to any judgment debtor by an instrument signed and acknowledged by the owner or, if no assignment has been filed, by the owner's attorney of record, or by an acknowledgment of satisfaction, signed and entered on the judgment and lien docket in the county where first docketed entered, with the date of entry, and witnessed by the clerk of circuit court. Every satisfaction of a part of a judgment or as to some of the judgment debtors shall state the amount paid thereon on the judgment or for the release of such the debtors, naming them.

SB344,33,9 (c) On filing a duly executed satisfaction, the clerk of circuit court shall enter the same satisfaction on the court record of the case and shall enter a statement of the substance thereof of the satisfaction, including the amount paid, on the margin of the judgment and lien docket with the date of filing the satisfaction.

SB344, s. 85 Section 85. 806.19 (2) and (3) of the statutes are amended to read:

SB344,33,15 806.19 (2) When an execution is returned satisfied in whole or in part the judgment is deemed considered satisfied to the extent of the amount so returned unless such the return is vacated and the. The clerk of circuit court shall enter in the judgment and lien docket that the amount stated in such the return has been collected.

SB344,34,5 (3) For the purpose of paying any money judgment, the debtor may deposit with the clerk of the circuit court in which the judgment was entered the amount of liability thereon on the judgment. The clerk of circuit court shall give the debtor a certificate showing the date and amount of the deposit and identifying the judgment; and. The clerk of circuit court shall immediately note on the judgment and lien docket thereof and on the margin of the judgment journal the amount and date of the deposit. The debtor shall immediately give written notice to the owner of record of the judgment and to the owner's attorney of record, personally, or by registered mail, to the last-known post-office address, stating the amount, date and purpose of the deposit, and that it is held subject to the order of the judgment owner. Ten days after giving the notice, the clerk of circuit court shall, upon filing proof of service, satisfy the judgment of record, unless the trial court otherwise orders. Acceptance by the owner of the sum deposited has the same legal consequences that payment direct by the debtor would have. Payment to the clerk shall include the fee prescribed in s. 814.61 (5).

SB344, s. 86 Section 86. 806.19 (4) (b) (form) 1. of the statutes is amended to read:

SB344,34,10 806.19 (4) (b) (form) 1. .... (Name of judgment debtor) has received an order of discharge of debts under the bankruptcy laws of the United States, a copy of which is attached, and .... (Name of judgment debtor or person interested in real property) applies for satisfaction of the following judgments:

SB344,34,12 ... (List of judgments by case name, case number, date and, if applicable, judgment and lien docket volume and page number.)

SB344, s. 87 Section 87. 806.19 (4) (b) (form) 3. of the statutes is amended to read:

SB344,34,17 806.19 (4) (b) (form) 3. The undersigned believes that each judgment listed above has been completely voided by the discharge in bankruptcy, and no inconsistent ruling has been made by, or is being requested by any party from, the bankruptcy court.

SB344,34,18 Dated this .... day of ...., 19....

SB344,34,19 ...(Signature)

SB344,34,21 Judgment Debtor, Person Interested in Real Property or Attorney for Debtor or Person

SB344,34,22 ORDER OF SATISFACTION

SB344,34,24 The clerk of circuit court is directed to indicate on the judgment and lien docket that each judgment described in the attached application has been satisfied.

SB344,34,25 Dated this .... day of ...., 19....

SB344,35,1 ....(Signature)

SB344,35,2 Circuit Judge

SB344, s. 88 Section 88. 806.20 (1) of the statutes is amended to read:

SB344,35,7 806.20 (1) When a judgment has been fully paid but not satisfied or the satisfaction has been lost, the trial court may authorize the attorney of the judgment creditor to satisfy the same judgment or may by order declare the same judgment satisfied and direct satisfaction to be entered upon the judgment and lien docket.

SB344, s. 89 Section 89. 806.21 of the statutes is amended to read:

SB344,35,15 806.21 Judgment satisfied not a lien; partial satisfaction. If a judgment is satisfied in whole or in part or as to any judgment debtor and such the satisfaction docketed, such is entered in the judgment and lien docket, the judgment shall, to the extent of such the satisfaction, cease to be a lien; and any. Any execution thereafter issued after the satisfaction is entered in the judgment and lien docket shall contain a direction to collect only the residue thereof of the judgment, or to collect only from the judgment debtors remaining liable thereon.

SB344, s. 90 Section 90. 806.22 of the statutes is amended to read:

SB344,35,23 806.22 (title) Filing transcript copy of satisfaction. If a satisfaction of a judgment has been entered on the judgment and lien docket in the county where it was first docketed entered, a certified transcript copy of the docket satisfaction or a certificate by the clerk of circuit court, under official seal, showing the satisfaction, may be filed with the clerk of the circuit court in of any county where it is docketed the judgment has been entered, and such that clerk of circuit court shall thereupon make a similar entry on the clerk's judgment and lien docket of that county.

SB344, s. 91 Section 91. 806.24 (3) (b) of the statutes is amended to read:

SB344,36,9 806.24 (3) (b) Promptly upon the filing of the foreign judgment and affidavit, the clerk of circuit court shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in on the docket court record. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk of circuit court. Lack of mailing notice of filing by the clerk of circuit court shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

SB344, s. 92 Section 92. 806.245 (5) of the statutes is amended to read:

SB344,36,14 806.245 (5) No lien or attachment based on a tribal court judgment may be filed, docketed entered in the judgment and lien docket or recorded in this state against the real or personal property of any person unless the judgment has been given full faith and credit by a circuit court under this section.

SB344, s. 93 Section 93. 806.36 (8) of the statutes is amended to read:

SB344,36,18 806.36 (8) A judgment shall be filed with the clerk of circuit court and docketed entered in the judgment and lien docket in foreign money in the same manner and shall have the same effect as other judgments.

SB344, s. 94 Section 94. 806.39 (2) of the statutes is amended to read:

SB344,36,21 806.39 (2) Notwithstanding sub. (1), a foreign judgment may be filed and docketed entered in the judgment and lien docket under s. 806.24.

SB344, s. 95 Section 95. 808.03 (1) of the statutes is amended to read:

SB344,37,5 808.03 (1) APPEALS AS OF RIGHT. A final judgment or a final order of a circuit court may be appealed as a matter of right to the court of appeals unless otherwise expressly provided by law. A final judgment or final order is a judgment or order entered in accordance with s. 806.06 (1) (b) or 807.11 (2) or a disposition recorded in docket court record entries in ch. 799 cases or traffic regulation or municipal ordinance violation cases prosecuted in circuit court which disposes of the entire matter in litigation as to one or more of the parties, whether rendered in an action or special proceeding.

SB344, s. 96 Section 96. 809.105 (3) (a) and (c) of the statutes are amended to read:

SB344,37,9 809.105 (3) (a) Fee. No fee for docketing filing an appeal in the court of appeals under this section may be required of a minor or of a member of the clergy who files an appeal under this section on behalf of the minor.

SB344,37,12 (c) (title) Docketing Filing in court of appeals. The clerk of the court of appeals shall docket file the appeal immediately upon receipt of the items specified in par. (b).

SB344, s. 97 Section 97. 809.105 (8) of the statutes is amended to read:

SB344,37,19 809.105 (8) ASSIGNMENT AND ADVANCEMENT OF CASES. The court of appeals shall take cases appealed under this section in an order that ensures that a judgment is made within 4 calendar days after the appeal has been docketed filed in the court of appeals. The time limit under this subsection may be extended with the consent of the minor and her counsel, if any, or the member of the clergy who initiated the appeal under this section, if any.

SB344, s. 98 Section 98. 809.11 (title) and (1) of the statutes are amended to read:

SB344,37,23 809.11 (title) Rule (Items to be filed, and forwarded and docketed). (1) (title) FEE TO BE FILED . The appellant shall file pay the filing fee with the notice of appeal the fee for docketing an appeal with the court of appeals.

SB344, s. 99 Section 99. 809.11 (2) of the statutes is amended to read:

SB344,38,5 809.11 (2) FORWARDING TO COURT OF APPEALS. The clerk of the trial court shall forward to the court of appeals, within 3 days of the filing of the notice of appeal, a copy of the notice of appeal, the docketing filing fee, and a copy of the trial court record (docket entries) of the case in the trial court maintained pursuant to s. 59.39 (2) or (3).

SB344, s. 100 Section 100. 809.11 (3) of the statutes is amended to read:

SB344,38,8 809.11 (3) (title) Docketing FILING IN COURT OF APPEALS. The clerk of the court of appeals shall docket file the appeal upon receipt of the items referred to in sub. (2).

SB344, s. 101 Section 101. 809.14 (1) of the statutes is amended to read:

SB344,38,15 809.14 (1) A party seeking an order or other relief in a docketed case shall file a motion for the order or other relief. The motion must state the order or relief sought and the grounds on which the motion is based and may include a statement of the position of other parties as to the granting of the motion. A motion may be supported by a memorandum. Any other party may file a response to the motion within 7 days of service of the motion.

SB344, s. 102 Section 102. 809.18 of the statutes is amended to read:

SB344,38,21 809.18 Rule (Voluntary dismissal). An appellant may dismiss an a filed appeal by filing a notice of dismissal. The notice must be filed in the court or, if the appeal is not yet docketed in the court filed, in the trial court. The dismissal of an appeal does not affect the status of a cross-appeal or the right of a respondent to file a cross-appeal.

SB344, s. 103 Section 103. 809.19 (2) of the statutes is amended to read:

SB344,39,7 809.19 (2) Appendix. The appellant's brief shall include a short appendix providing relevant docket trial court record entries in the trial court, the findings or opinion of the trial court and limited portions of the record essential to an understanding of the issues raised, including oral or written rulings or decisions showing the trial court's reasoning regarding those issues. The appendix shall include a table of contents. If the record is required by law to be confidential, the portions of the record included in the appendix shall be reproduced using first names and last initials instead of full names of persons, specifically including juveniles and parents of juveniles, with a notation that the portions of the record have been so reproduced to preserve confidentiality and with appropriate references to the record.

SB344, s. 104 Section 104. 809.25 (1) (d) of the statutes is amended to read:

SB344,39,14 809.25 (1) (d) Costs allowed by the court are taxed by the clerk in of the court of appeals irrespective of the filing by a party of a petition for review in the supreme court. In the event of review by the supreme court, costs are taxed by the clerk in of the supreme court as set forth in pars. (a) and (b). The clerk of the supreme court shall include in the remittitur the costs allowed in the court. The clerk of the trial circuit court shall docket enter the judgment for costs in accordance with s. 806.16.

SB344, s. 105 Section 105. 809.25 (2) (c) of the statutes is amended to read:

SB344,39,18 809.25 (2) (c) The clerk of the court of appeals may refuse to file, docket, record, certify, or render any other service without prepayment of the fees established by this section.

SB344, s. 106 Section 106. 812.31 (3) of the statutes is amended to read:

SB344,39,22 812.31 (3) An earnings garnishment action may not be commenced in a county other than the county where the judgment is entered unless a transcript of the judgment is docketed entered in that county.

SB344, s. 107 Section 107. 812.44 (2) of the statutes is amended to read:

SB344,39,25 812.44 (2) The notice filed by the creditor to initiate an earnings garnishment under s. 812.35 (1) shall be in substantially the following form:

SB344,40,1 STATE OF WISCONSIN

SB344,40,2 CIRCUIT COURT: .... County

SB344,40,3 A.B., Creditor File or Reference Number.....

SB344,40,4 vs. EARNINGS

SB344,40,5 C.D., Debtor GARNISHMENT

SB344,40,6 and NOTICE

SB344,40,7 E.F., Garnishee

SB344,40,9 To the Clerk of Circuit Court:

SB344,40,17 Please take and file notice that the creditor has today commenced an earnings garnishment action under subchapter II of chapter 812 of the Wisconsin Statutes against the debtor and the garnishee to collect an unsatisfied civil judgment. The judgment was entered on the .... day of ...., 19.., by .... (County Circuit or Federal District) Court. The case number of the action in which the judgment is entered is .... [and a transcript of the judgment was docketed entered in this county in file number ....]. The creditor's total claim for the unsatisfied portion of this judgment plus statutory interest and costs is $....

SB344,40,19 The names and addresses last known to the creditor of the parties to this proceeding are as follows:

SB344,40,20 Debtor