800.095(1)(c)1.1. In this paragraph, "employer" includes the state and the political subdivisions of the state.
800.095(1)(c)2.
2. Assignment to the municipal court of not more than 25 percent of the defendant's commissions, earnings, salaries, wages, pension benefits unless otherwise exempt, benefits under
ch. 102, and other money due or to be due to the defendant, including lottery prizes, for payment of the unpaid forfeiture, costs, surcharge, fees, or restitution.
800.095(1)(c)3.
3. Upon entry of the assignment under
subd. 2., unless the court finds that income withholding is likely to cause the defendant irreparable harm, the 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 municipal court does not receive the money from the person notified, the 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
subd. 2. shall inform the intended recipient that, if a prior assignment under
subd. 2. or
s. 778.30 (1) or
973.05 (4) has been received relating to the same defendant, the recipient is required to notify the municipal 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.
800.095(1)(c)4.
4. If, after receiving the annual list under
s. 565.30 (5r) (a), the municipal court determines that a person identified in the list may be subject to an assignment under
subd. 2., the 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 municipal 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.
800.095(1)(c)5.
5. 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 that directs payment.
800.095(1)(c)6.
6. For each payment made under the assignment under
subd. 2., 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.
800.095(1)(c)7.
7. A person who receives notice of the assignment under this paragraph 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 municipal court of the jurisdiction providing notice. If the person has already received a notice of an assignment under this paragraph or
s. 778.30 (2) or
973.05 (5), 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 municipal court that sent the notice that the person has received a prior notice of an assignment under
subd. 2. Section 241.09 does not apply to assignments under this section.
800.095(1)(c)8.
8. If after receipt of notice of assignment under this paragraph the person from whom the defendant receives money fails to withhold the money or send the money to the municipal court as provided in this paragraph, the person may be proceeded against under the principal action under
s. 800.12 for contempt of court or may be proceeded against under
ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1 percent of the amount not withheld or sent.
800.095(1)(c)9.
9. If an employer who receives notice of an assignment under this paragraph fails to notify the municipal court within 10 days after an employee is terminated or otherwise temporarily or permanently leaves the employer's employment, the employer may be proceeded against under the principal action under
s. 800.12 for contempt of court.
800.095(1)(c)10.
10. Compliance by the person from whom the defendant receives money with the order operates as a discharge of the person's liability to the defendant as to that portion of the defendant's commission, earnings, salaries, wages, benefits, or other money so affected.
800.095(1)(c)11.
11. No employer may use an assignment under
subd. 2. as a basis for the denial of employment to a defendant, the discharge of an employee, or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this subdivision 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 subdivision.
800.095(1)(c)12.b.
b. If after an assignment 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 municipal court may amend the withholding assignment or order so that the withholding frequency corresponds to the new payroll period and the amounts to be withheld reflect the adjustment to the withholding frequency.
800.095(1)(c)13.
13. The municipal court shall provide notice of the amended withholding assignment or order under
subd. 12. by regular mail to the defendant's employer and to the defendant.
800.095(1)(d)
(d) That the defendant perform community service work for a public agency or nonprofit charitable organization approved by the court and agreed to by the agency or nonprofit charitable organization. If the community service work is in lieu of restitution, then the person to whom restitution is owed must agree; the defendant shall be given credit at the rate of not less than the minimum wage established under
ch. 104 for adults in nonagriculture, nontipped employment for each one hour of community service completed. The defendant shall be given a written statement of the community service order. Nothing in this paragraph makes the defendant an employee or agent of the court or the municipality. The defendant shall be responsible for providing the court with proof that the community service hours have been completed.
800.095(2)
(2) At any time prior to imprisonment under
sub. (1) (b), the defendant may request a review of any findings made under
sub. (1) (b) 2.
800.095(3)
(3) Subsection (1) (a) and
(b) does not apply to orders for restitution under
s. 800.093 or in cases where service of the summons and complaint or citation is made by mail as authorized in
s. 800.01 (2) (e).
800.095(4)
(4) The court may, at any time, authorize payment of the monetary judgment by installment payments, or may modify, suspend, or permanently stay the monetary judgment, or order that the judgment be satisfied by community service.
800.095(5)
(5) The court may employ a collection company to collect the judgment under
s. 755.21.
800.095(6)
(6) The court or collection company may obtain payment through a setoff against the defendant's tax refund under
s. 71.935.
800.095(7)
(7) In addition to the procedures under this section, a municipality may enforce the judgment in the same manner as for a judgment in an ordinary civil action.
800.095(8)
(8) In addition to the procedures under this section, a municipal court may order the transfer of any of the defendant's money or property that the municipality is holding and that is unclaimed by the defendant for more than one year to pay any forfeitures, fees, costs, or surcharges that the defendant failed to pay the municipality.
800.095 Annotation
Section 343.30 (5) does not preclude the suspension of operating privileges under s. 800.09 or 800.095. Suspension of operating privileges for failure to pay non-traffic forfeitures is not an unconstitutional exercise of the police power or an unconstitutionally excessive fine. City of Milwaukee v. Kilgore,
193 Wis. 2d 168,
532 N.W.2d 690 (1995).
800.095 Annotation
This section authorizes incarceration of defendants for noncompliance with with default judgments entered by the municipal court. The power is not restricted to ordinance violations with statutory counterparts. Incarceration under this section is not imprisonment for debt or involuntary servitude. Haas v. Wisconsin,
241 F. Supp. 2d 922 (2003).
800.10
800.10
Fees and costs in municipal court. 800.10(1)
(1) Fees and costs in municipal court are prescribed in
ch. 814.
800.10(2)
(2) All forfeitures, fees, surcharges, and costs paid to a municipal court under a judgment before a municipal judge shall be reported and paid to the municipal treasurer within 30 days after receipt of the money by the municipal court. The treasurer shall disburse the fees as provided in
ch. 814.
800.11
800.11
Municipal court record and transcript entries. 800.11(1)(1) Every municipal court shall keep a court record in which the court shall enter, in actions to which they relate:
800.11(1)(a)
(a) The title of every action commenced before the municipal court, including the name and address of the defendant;
800.11(1)(b)
(b) The process issued, date and place where it issued, when returnable and the return of the officer;
800.11(1)(c)
(c) A brief statement of the charges, including the nature and time of the offense and the section of law violated;
800.11(1)(d)
(d) Every adjournment, stating at whose request and to what time;
800.11(1)(f)
(f) The names of witnesses sworn, stating at whose request;
800.11(1)(g)
(g) The judgment rendered by the municipal court, including the penalties imposed, the date of rendering judgment and the costs assessed in the action;
800.11(1)(i)
(i) The amount of bail and names and addresses of sureties, if any;
800.11(1)(j)
(j) The time of ordering any stay of execution;
800.11(1)(k)
(k) The time of issuing execution and the name of the officer to whom delivered;
800.11(1)(m)
(m) The return of every execution and when made and every renewal of an execution, with the date thereof;
800.11(1)(n)
(n) The date and reason of removal of the action to another court;
800.11(1)(p)
(p) The date of an appeal made from judgment; and
800.11(1)(q)
(q) All motions made in the action, the decision thereon and all other proceedings in the action which the municipal court may think useful.
800.11(2)
(2) Failure of the municipal court to keep a court record properly shall not affect the jurisdiction of the municipal court or render the judgment void.
800.11(3)
(3) The transcript of judgment shall contain the following:
800.11(3)(f)
(f) The certification that it is a true copy of the judgment.
800.11(4)
(4) If the municipal judge is elected under
s. 755.01 (4), the court shall keep separate court records for each municipality.
800.11 History
History: 1977 c. 305;
1979 c. 32 ss.
68,
92 (17); Stats. 1979 s. 800.11;
1985 a. 89;
1995 a. 224;
2009 a. 402.
800.115
800.115
Relief from judgment. 800.115(1)
(1) A defendant may within 6 months after the judgment is entered move for relief from the judgment because of mistake, inadvertence, surprise, or excusable neglect.
800.115(3)
(3) Nothing in this section shall prevent the parties from stipulating and the court approving the reopening of a judgment for any other reason justifying relief from operation of the judgment.
800.115(4)
(4) The court may impose costs on the motion as allowed under
s. 814.07.
800.115(5)
(5) Upon receiving or making a motion under this section, the court shall provide notice to all parties and schedule a hearing on the motion.
800.115 History
History: 1987 a. 389;
2009 a. 402.
800.115 Annotation
Only a defendant may seek relief under this section. However a municipal court has the inherent authority to vacate a void judgment irrespective of the statute's requirements for reopening a judgment. City of Kenosha v. Jensen,
184 Wis. 2d 91,
516 N.W.2d 4 (Ct. App. 1994).
800.12
800.12
Municipal court contempt procedure. 800.12(1)
(1) In this section, "contempt of court" means any of the following intentional acts:
800.12(1)(a)
(a) Misconduct in the presence of the court that interferes with the court proceeding or with the administration of justice, or that impairs the respect due the court.
800.12(1)(b)
(b) Refusal of a witness to appear without reasonable excuse.
800.12(2)
(2) A judge may impose a forfeiture in an amount not to exceed $200 for a contempt of court.
800.12(3)
(3) For a contempt of court described in
sub. (1) (a), the judge may impose imprisonment in the county jail for not more than 7 days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of court has occurred and only under the following conditions:
800.12(3)(a)
(a) For the purpose of preserving order in the court and protecting the authority and dignity of the court.
800.12(3)(b)
(b) After allowing the person who committed the contempt of court an opportunity to address the court.
800.12(4)
(4) For a contempt of court described in
sub. (1) (b), the judge may do any of the following:
800.12(4)(a)
(a) Issue a warrant to bring the witness before the court for the contempt and to testify.
800.12(4)(b)
(b) In addition to ordering the witness to pay a forfeiture under
sub. (2), the judge may order the witness to pay all costs of the witness's apprehension.
800.13
800.13
Recording in municipal court. 800.13(1)
(1) Every proceeding in which testimony is taken under oath or affirmation in a municipal court shall be recorded by electronic means for purposes of appeal.
800.13(2)
(2) Notwithstanding
sub. (1), a municipal court is not a court of record.
800.13 History
History: 1977 c. 305;
1979 c. 32 s.
68;
1979 c. 237; Stats. 1979 s. 800.13;
2009 a. 402.
800.14
800.14
Appeal from municipal court decision. 800.14(1)(1) Appeals from judgments, decisions on motions brought under
s. 800.115, or determinations regarding whether the defendant is unable to pay the judgment because of poverty, as that term is used in
s. 814.29 (1) (d), may be taken by either party to the circuit court of the county where the offense occurred. The appellant shall appeal by giving the municipal judge and other party written notice of appeal within 20 days after the judgment or decision. No appeals may be taken from default judgments.
800.14(2)
(2) On appeal by the defendant, the defendant shall execute a bond, at the discretion of the municipal judge, to the municipal court with or without surety, approved by the municipal judge, that if the judgment is affirmed in whole or in part the defendant shall pay the judgment and all costs awarded on appeal.
800.14(3)
(3) On meeting the requirements for appeal, execution on the judgment of the municipal court or enforcement of the order of the municipal court shall be stayed until the final disposition of the appeal.
800.14(4)
(4) An appeal from a judgment where a trial has been held shall be on the record unless, within 20 days after notice of appeal has been filed with the municipal court under
sub. (1), either party requests that a new trial be held in circuit court. The new trial shall be conducted by the court without a jury unless either party requests a 6-person jury trial and posts the jury fee under
s. 814.61 (4) within 10 days after the order for a new trial.
800.14(5)
(5) If there is no request or motion under
sub. (4), or if the appeal is from a judgment or decision in which a trial has not been held, the appeal shall be based upon a review of the proceedings in the municipal court. The municipal court shall transmit to the circuit court a copy of the entire record, including any electronic recording created under
s. 800.13 (1). When testimony has been recorded in the municipal court, the municipal court shall order the preparation of a transcript of the proceedings, at the cost of the appellant, from the electronic recording and shall certify the transcript and transmit it with the record. An appellant shall, within 20 days after notice of appeal, submit payment of the estimated cost of the transcript, as determined by the municipal court, but shall be responsible for the actual cost of preparing the transcript. A defendant claiming an inability to pay with regard to the bond or the transcript fee may petition the municipal court for a waiver. A defendant claiming an inability to pay with regard to the appeal fee or jury fee may petition the circuit court for a waiver.
