800.093(8)(a)4.
4. The needs and earning ability of the defendant's dependents.
800.093(8)(b)
(b) If the court finds that the conditions in
sub. (1) are met, the court may hold the restitution hearing at the time of any appearance by the defendant before the court or may summon the defendant to appear to determine if restitution shall be ordered. The court shall give the victim an opportunity to present evidence and arguments pertaining to the factor specified in
par. (a) 1. The court shall give the defendant the opportunity to present evidence and arguments on the factors specified in
par. (a). The victim has the burden of demonstrating by the preponderance of the evidence the amount of loss sustained as a result of the violation. The defendant has the burden of demonstrating by the preponderance of the evidence the factors specified in
par. (a) 2. to
5. When hearing evidence as to the factors specified in
par. (a), the court may waive the rules of practice, procedure, pleading and evidence, except provisions relating to privileged communications and personal transactions or communication with a decedent or mentally ill person.
800.095
800.095
Nonpayment of monetary judgment. 800.095(1)
(1) If the defendant fails to pay a monetary judgment ordered by the court, the court may order any one of the following, or any combination of the following, except as provided in
sub. (3):
800.095(1)(a)
(a) Suspension of the defendant's operating privilege until the defendant pays the judgment, but not to exceed 2 years. If the court orders suspension under this paragraph, all of the following apply:
800.095(1)(a)1.
1. The court shall notify the department of transportation of the suspension for failure to pay the judgment. If the defendant pays the judgment, the court shall notify the department of transportation of the payment within 7 days in the form and manner prescribed by the department.
800.095(1)(a)2.
2. The court may order the suspension concurrent or consecutive to any other suspensions or revocations. If the court fails to specify whether the suspension is consecutive or concurrent, the department of transportation shall implement the suspension concurrent with any other suspensions or revocations.
800.095(1)(a)3.
3. If the judgment remains unpaid at the end of the 2-year suspension, the court may not order a further suspension of operating privileges in relation to the outstanding judgment.
800.095(1)(a)3m.
3m. If the court terminates the defendant's suspension as the result of the defendant's agreement to a payment plan or community service and the defendant is later suspended because he or she defaults on that plan or service, the new suspension shall be reduced by the amount of time that the suspension was served before being terminated by the court.
800.095(1)(a)4.
4. Serving the complete 2-year suspension of the defendant's operating privilege does not relieve the defendant of the responsibility to pay the judgment.
800.095(1)(a)5.
5. During the period of operating privilege suspension under this paragraph, the defendant may request the court to reconsider the order of suspension based on an inability to pay the judgment because of poverty, as that term is used in
s. 814.29 (1) (d). The court shall consider the defendant's request. If the court determines that the inability to pay the judgment is because of poverty, the court shall withdraw the suspension and grant the defendant further time to pay or withdraw the suspension and order one or more other sanctions set forth in this subsection, including community service.
800.095(1)(a)6.
6. This paragraph does not apply if the judgment was entered solely for a violation of an ordinance unrelated to the violator's operation of a motor vehicle unless the judgment is ordered under
ch. 938. Nonmoving traffic offenses, as defined in
s. 345.28 (1) (c), are related to the violator's operation of a motor vehicle.
800.095(1)(b)1.1. That the defendant be imprisoned until the forfeiture, assessments, surcharge, and costs are paid. If the court orders imprisonment under this subdivision, all of the following apply:
800.095(1)(b)1.a.
a. The maximum period of imprisonment shall be 90 days for any one judgment, and the defendant shall receive credit against the amount owed at the rate of at least $50 for each day of imprisonment, including imprisonment following an arrest but prior to the court making a finding under
subd. 2.
800.095(1)(b)1.b.
b. The court may impose a term of imprisonment under this subdivision that is either concurrent with or consecutive to any other term of imprisonment imposed at the same time or any term of imprisonment imposed by any court.
800.095(1)(b)2.
2. No defendant may be imprisoned under
subd. 1. unless the court makes one of the following findings:
800.095(1)(b)2.a.
a. Either at sentencing or thereafter, that the defendant has the ability to pay the judgment within a reasonable time. If a defendant meets the criteria in
s. 814.29 (1) (d), the defendant shall be presumed unable to pay under this subsection and the court shall either suspend or extend payment of the judgment or order community service.
800.095(1)(b)2.b.
b. The defendant has failed, without good cause, to perform the community service authorized under this subsection or
s. 800.09.
800.095(1)(b)2.c.
c. The defendant has failed to attend an indigency hearing offered by the court to provide the defendant with an opportunity to determine whether he or she has the ability to pay the judgment.
800.095(1)(b)2.d.
d. The defendant has failed, without good cause, to complete an assessment or treatment program related to alcohol or drugs that was ordered in lieu of a monetary forfeiture.
800.095(1)(b)3.a.a. Except as provided in
subd. 3. b., the defendant shall be committed to a jail or a house of correction in the county in which the cause of action arose.
800.095(1)(b)3.b.
b. The defendant may be committed to the jail in another county within or outside of the state if the other county borders the county in which the cause of action arose, and the monthly expenses charged to the municipality by the other county to imprison the defendant are at least 25 percent less than the monthly expenses charged by the county in which the cause of action arose, and the other county agrees to having the defendant committed to the jail in that county.
800.095(1)(b)3.c.
c. The defendant shall be eligible for privileges under
s. 303.08 or a similar program in the other county if committed under
subd. 3. b. The municipality shall pay the expenses incurred by the county to imprison the defendant.
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 this section. 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.
