778.26(7)
(7) If a defendant issued a citation under this section fails to appear in court at the time specified in the citation or by subsequent postponement, the following procedure applies:
778.26(7)(a)
(a) If the defendant has not made a deposit, the court may issue a summons or an arrest warrant.
778.26(7)(b)
(b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may, within 90 days after the date set for appearance, move to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is relieved from the plea of no contest, the court may order a written complaint or petition to be filed. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.
778.26(7)(c)
(c) If the defendant has made a deposit and stipulation of no contest, the citation serves as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons or an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation.
778.26(8)
(8) If a citation or summons is issued to a defendant under this section and he or she is unable to appear in court on the day specified, the defendant may enter a plea of not guilty by mailing a letter stating that inability to the judge at the address indicated on the citation. The letter must show the defendant's return address. The letter may include a request for trial during normal daytime business hours. Upon receipt of the letter, the judge shall reply by letter to the defendant's address setting a time and place for trial. The time shall be during normal business hours if so requested. The date of the trial shall be at least 10 days from the date the letter was mailed by the judge. Nothing in this subsection forbids the setting of the trial at any time convenient to all parties concerned.
778.26(9)
(9) An officer who collects a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment and costs under this section shall pay the money to the county treasurer within 20 days after its receipt. If the officer fails to make timely payment, the county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid.
778.30
778.30
Collection of forfeitures and related charges by assignment. 778.30(1)(1) In addition to the procedures under
s. 23.795 or
345.47 or under this chapter for the collection of forfeitures, costs, assessments, surcharges or restitution payments if a defendant fails to pay the forfeiture, costs, assessment, surcharge or restitution payment within the period specified by the circuit court, the court may do any of the following:
778.30(1)(a)
(a) Issue a judgment for the unpaid amount and direct the clerk of circuit court to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the clerk of circuit court shall send to the defendant at his or her last-known address written notification that a civil judgment has been issued for the unpaid forfeiture, costs, assessment, surcharge or restitution payment. The judgment has the same force and effect as judgments docketed under
s. 806.10.
778.30(1)(b)
(b) Issue an order assigning not more than 25% of the defendant's commissions, earnings, salaries, wages, pension benefits, benefits under
ch. 102 and other money due or to be due in the future to the clerk of circuit court for payment of the unpaid forfeiture, costs, assessment, surcharge or restitution payment. In this paragraph, "employer" includes the state and its political subdivisions.
778.30(1)(c)
(c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under
s. 565.30 (5r) (a), for payment of the unpaid forfeiture, costs, assessment, surcharge or restitution payment.
778.30(1)(d)
(d) A child support withholding assignment or order listed under
s. 767.265 (4) has priority over any assignment under this section.
778.30(2)(a)1.1. Upon entry of the assignment under
sub. (1) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the clerk of circuit court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk of circuit court does not receive the money from the person notified, the the clerk of circuit court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice of an assignment under
sub. (1) (b) shall inform the intended recipient that, if a prior assignment under
sub. (1) (b) has been received relating to the same defendant, the recipient is required to notify the clerk of circuit court that sent the subsequent notice of assignment that another assignment has already been received. A notice of assignment shall include a form permitting the recipient to designate on the form that another assignment has already been received.
778.30(2)(a)2.
2. If, after receiving the annual list under
s. 565.30 (5r) (a), the clerk of circuit court determines that a person identified in the list may be subject to an assignment under
sub. (1) (c), the clerk shall inform the court of that determination. If the court issues an order under
sub. (1) (c), the clerk of circuit court shall send the notice of that order to the administrator of the lottery division of the department of revenue, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the department of revenue when the judgment that is the basis of the assignment has been paid in full.
778.30(2)(a)3.
3. Notice under this paragraph may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order which directs payment.
778.30(2)(b)
(b) For each payment made under the assignment under
sub. (1) (b), the person from whom the defendant under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the defendant.
778.30(2)(c)
(c) A person who receives notice of the assignment under
sub. (1) (b) shall withhold the amount specified in the notice from any money that person pays to the defendant later than one week after receipt of the notice of assignment. Within 5 days after the day on which the person pays money to the defendant, the person shall send the amount withheld to the clerk of circuit court that provided the notice. If the person has already received a notice of an assignment under
sub. (1) (b) related to the same defendant, the person shall retain the later assignment and withhold the amount specified in that assignment after the last of any prior assignments is paid in full. Within 10 days of receipt of the later notice, the person shall notify the clerk of circuit court that sent the notice that the person has received a prior notice of an assignment under
sub. (1) (b).
Section 241.09 does not apply to assignments under this section.
778.30(2)(d)
(d) If after receipt of notice of assignment under
par. (a) 1. the person from whom the defendant receives money fails to withhold the money or send the money to the clerk of circuit court as provided in this subsection, the person may be proceeded against under the principal action under
ch. 785 for contempt of court or may be proceeded against under this chapter and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.
778.30(2)(e)
(e) If an employer who receives notice of an assignment under
sub. (1) (b) fails to notify the clerk of circuit court within 10 days after an employe is terminated or after the employe temporarily or permanently leaves the employer's employment, the employer may be proceeded against under the principal action under
ch. 785 for contempt of court.
778.30(3)
(3) Compliance by the person from whom the defendant receives money with the order under
sub. (1) (b) operates as a discharge of the person's liability to the defendant as to that portion of the defendant's commissions, earnings, salaries, wages, benefits or other money so affected.
778.30(4)
(4) No employer may use an assignment under
sub. (1) (b) as a basis for the denial of employment to a defendant, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this subsection may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Restitution shall be in accordance with
s. 973.20. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subsection.
778.30(5)(b)
(b) If after an assignment of earnings is in effect the defendant's employer changes its payroll period, or the defendant changes employers and the new employer's payroll period is different from the former employer's payroll period, the clerk of circuit court may, unless otherwise ordered by a judge, amend the withholding assignment or order so that all of the following apply:
778.30(5)(b)1.
1. The withholding frequency corresponds to the new payroll period.
778.30(5)(b)2.
2. The amounts to be withheld reflect the adjustment to the withholding frequency.
778.30(5)(c)
(c) The clerk of circuit court shall provide notice of the amended withholding assignment or order under this subsection by regular mail to the defendant's employer and to the defendant.
778.30 History
History: 1997 a. 148.
