2009 - 2010 LEGISLATURE
October 27, 2009 - Introduced by Representatives Hebl, Sherman, Berceau,
Pope-Roberts
and Ballweg, cosponsored by Senators Erpenbach, Holperin,
Wirch, Hansen, Schultz
and Olsen. Referred to Committee on Judiciary and
Ethics.
AB524,1,5 1An Act to amend 16.007 (6) (a), 799.01 (1) (d) (intro.), 799.25 (1), 812.04 (1),
2812.35 (2), 814.62 (3) (a), 814.62 (3) (b), 814.62 (3) (d) 2., 814.62 (3) (e), 814.85
3(1) (c), 814.86 (1) and 814.86 (1); and to create 799.01 (1m), 799.06 (4), 799.08,
4799.23 and 814.62 (5) of the statutes; relating to: the jurisdictional amount
5and court fees in certain small claims actions.
Analysis by the Legislative Reference Bureau
Under current law, a person may bring a small claims action in the circuit court
for a money judgment, attachment, garnishment, or to enforce a lien, only if the
amount claimed is not more than $5,000. Under this bill, if the person bringing the
action has commenced 20 or fewer actions in small claims for a money judgment,
attachment, garnishment, or to enforced a lien, within the previous 365 days, the
amount claimed may not exceed $10,000. If the person bringing the action has
commenced more than 20 such actions in small claims within the previous 365 days,
the bill limits the amount claimed to not more than $5,000.
Currently, the fee for filing a small claims action in the circuit court is $22, with
some exceptions, including for garnishment actions, if a counterclaim or cross
complaint is filed, or if a demand for a trial is made. Under this bill, if the person
bringing the action has commenced 20 or fewer actions in small claims for a money
judgment, attachment, or to enforce a lien, within the previous 365 days, the person
must pay a filing fee equal to 150 percent of the regular fee; $33. If the person
bringing the action has commenced 21 or more actions in small claims for a money

judgment, attachment, or to enforce a lien, within the previous 365 days, the person
must pay a filing fee equal to 200 percent of the regular fee; $44.
Under the bill, if a party proves that a person commencing a small claims action
in the circuit court for a money judgment, attachment, garnishment, or to enforce a
lien misrepresented the number of such actions the person commenced, the court is
required to award the party damages of $250 and reasonable attorney fees.
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:
AB524, s. 1 1Section 1 . 16.007 (6) (a) of the statutes is amended to read:
AB524,2,72 16.007 (6) (a) Except as provided in par. (b), whenever the claims board by
3unanimous vote finds that payment to a claimant of not more than the amount
4specified in s. 799.01 (1m) (b) is justified, it may order the amount that it finds
5justified to be paid on its own motion without submission of the claim in bill form to
6the legislature. The claim shall be paid on a voucher upon the certification of the
7chairperson and secretary of the board, and shall be charged as provided in sub. (6m).
AB524, s. 2 8Section 2. 799.01 (1) (d) (intro.) of the statutes is amended to read:
AB524,2,119 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount
10claimed is $5,000 or less than the amounts specified in sub. (1m), if the actions or
11proceedings are:
AB524, s. 3 12Section 3. 799.01 (1m) of the statutes is created to read:
AB524,2,1413 799.01 (1m) (a) If the plaintiff has commenced 20 or fewer actions under sub.
14(1) (d) within the previous 365 days, the amount claimed may not exceed $10,000.
AB524,2,1615 (b) If the plaintiff has commenced 21 or more actions under sub. (1) (d) within
16the previous 365 days, the amount claimed may not exceed $5,000.
AB524, s. 4 17Section 4. 799.06 (4) of the statutes is created to read:
AB524,3,6
1799.06 (4) The complaint in an action under s. 799.01 (1) (d) shall contain a
2statement to the defendant that specifies that the plaintiff has commenced 20 or
3fewer actions, or more than 20 actions, under s. 799.01 (1) (d) within the previous 365
4days and that states that if that statement is not true, the court will dismiss the
5action against the defendant with prejudice and the defendant may be entitled to
6recovery under s. 799.23.
AB524, s. 5 7Section 5. 799.08 of the statutes is created to read:
AB524,3,11 8799.08 Affidavit of actions commenced. At the time of commencing an
9action under s. 799.01 (1) (d), the plaintiff shall submit a signed affidavit to the clerk
10of circuit court specifying that the plaintiff has commenced 20 or fewer actions, or
11more than 20 actions, under s. 799.01 (1) (d) within the previous 365 days.
AB524, s. 6 12Section 6. 799.23 of the statutes is created to read:
AB524,3,18 13799.23 Misrepresentation of small claims actions commenced;
14dismissal and damages.
If a party proves by the preponderance of credible
15evidence that the affidavit submitted by the plaintiff under s. 799.08 is not true or
16that the statement made by the plaintiff under s. 799.06 (4) is not true, the court shall
17dismiss the action with prejudice and order the plaintiff to pay the party damages
18in the amount of $250 and reasonable attorney fees.
AB524, s. 7 19Section 7. 799.25 (1) of the statutes is amended to read:
AB524,3,2020 799.25 (1) Filing fee. The fee prescribed in s. 814.62 (3) (a) or (5), if paid.
AB524, s. 8 21Section 8. 812.04 (1) of the statutes is amended to read:
AB524,3,2522 812.04 (1) Upon payment to the clerk of court of the fee prescribed in s. 814.62
23(1) or (5), the clerk shall issue a garnishee summons together with sufficient copies
24to the plaintiff or his or her attorney; the summons form may be in blank, but must
25carry the court seal.
AB524, s. 9
1Section 9. 812.35 (2) of the statutes is amended to read:
AB524,4,92 812.35 (2) Upon receipt of the notice under sub. (1) and payment of the fee
3under s. 814.62 (1) or (5), the clerk of courts shall issue 2 earnings garnishment forms
4under s. 812.44 (3) for each garnishee. Blank earnings garnishment forms may be
5issued, but they shall carry the court seal. A circuit court may permit, by rule, the
6clerk to issue earnings garnishment forms after payment of the fee but before the
7filing of the notice under sub. (1). That circuit court rule shall require the notice to
8be filed with the court at a later time, but no later than 5 business days after the date
9the garnishee is served under sub. (3).
AB524, s. 10 10Section 10. 814.62 (3) (a) of the statutes is amended to read:
AB524,4,1311 814.62 (3) (a) In a small claims action under ch. 799, at the time of issuance of
12a summons or other process in a proceeding not commenced by a summons, the
13plaintiff shall pay to the clerk of court a fee of $22, except as provided in sub. (5).
AB524, s. 11 14Section 11. 814.62 (3) (b) of the statutes is amended to read:
AB524,4,1715 814.62 (3) (b) If a counterclaim or cross complaint is filed under s. 799.02 (1),
16the person filing the same shall pay a fee equal to the difference between the fee
17under s. 814.61 (1) (a) and the fee paid by the plaintiff under par. (a) this section.
AB524, s. 12 18Section 12. 814.62 (3) (d) 2. of the statutes is amended to read:
AB524,4,2219 814.62 (3) (d) 2. Of the fees received by the clerk under par. (a) and sub. (5), the
20county treasurer shall pay $11.80 to the secretary of administration for deposit in the
21general fund and shall retain the balance for the use of the county. The secretary of
22administration shall credit the $11.80 to the appropriation under s. 20.680 (2) (j).
AB524, s. 13 23Section 13. 814.62 (3) (e) of the statutes is amended to read:
AB524,5,224 814.62 (3) (e) If any party files a demand for a jury trial in any action under
25ch. 799, the party demanding the jury trial shall pay a fee equal to the difference

1between the fee under s. 814.61 (1) (a) and the fee paid by the plaintiff under par. (a)
2this section, in addition to the fee under s. 814.61 (4).
AB524, s. 14 3Section 14. 814.62 (5) of the statutes is created to read:
AB524,5,74 814.62 (5) Fees for certain small claims actions. (a) If the plaintiff has
5commenced 20 or fewer actions under s. 799.01 (1) (d) within the previous 365 days,
6the fee for commencing an action under s. 799.01 (1) (d) shall be equal to 150 percent
7of the dollar amount specified under sub. (3) (a).
AB524,5,108 (b) If the plaintiff has commenced 21 or more actions under s. 799.01 (1) (d)
9within the previous 365 days, the fee for commencing an action under s. 799.01 (1)
10(d) shall be equal to 200 percent of the dollar amount specified under sub. (3) (a).
AB524, s. 15 11Section 15. 814.85 (1) (c) of the statutes is amended to read:
AB524,5,1712 814.85 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge
13and collect a $51 court support services surcharge from any person, including any
14governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a)
15or (b) or (5), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party
16paying the fee seeks the recovery of money and the amount claimed is equal to or less
17than the maximum amount under s. 799.01 (1) (d) (1m).
AB524, s. 16 18Section 16. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
19section 3240, is amended to read:
AB524,6,320 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
21(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
22had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
23violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under
24s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
25information system surcharge from any person, including any governmental unit, as

1defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
2(1), (2), or (3) (a) or (b), or (5), or 814.63 (1). The justice information system surcharge
3is in addition to the surcharge listed in sub. (1m).
AB524, s. 17 4Section 17 . 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act ....
5(this act), is amended to read:
AB524,6,156 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
7(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
8had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
9violation, for a financial responsibility violation under s. 344.62 (2), or for a violation
10under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk
11of circuit court shall charge and collect a $21.50 justice information system surcharge
12from any person, including any governmental unit, as defined in s. 108.02 (17),
13paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), (3) (a) or (b), or (5),
14or 814.63 (1). The justice information system surcharge is in addition to the
15surcharge listed in sub. (1m).
AB524, s. 18 16Section 18. Nonstatutory provisions.
AB524,6,1917 (1) For the purpose of counting the number of actions commenced under section
18799.01 (1m) of the statutes, as affected by this act, actions commenced before the
19effective date of this subsection do not count.
AB524, s. 19 20Section 19. Initial applicability.
AB524,6,2221 (1). This act first applies to actions commenced on the effective date of this
22subsection.
AB524, s. 20 23Section 20. Effective dates. This act takes effect on the first day of the 4th
24month beginning after publication, except as follows:
AB524,7,2
1(1) The treatment of section 814.86 (1) (by Section 17) of the statutes takes
2effect on June 1, 2010.
AB524,7,33 (End)
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