806.10(3)
(3) Every clerk of circuit court who enters a judgment or decree and enters upon the judgment and lien docket a date or time other than that of its actual entry or neglects to enter the same at the proper time shall be liable to the party injured.
806.10 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 729 (1975);
1975 c. 218;
1983 a. 303;
1987 a. 151,
393;
1991 a. 134;
1995 a. 224;
1997 a. 27.
806.10 Annotation
Neglect to docket a judgment at the proper time under sub. (3) means to neglect to enter judgment immediately upon the entry of the judgment. An action against a clerk of court for incorrectly docketing a judgment under sub. (3) is subject to the 6-year statute of limitations under s. 893.93 (1) (a). South Milwaukee Savings Bank v. Barrett,
2000 WI 48,
234 Wis. 2d 733,
611 N.W.2d 448,
97-3759.
806.10 Annotation
Sub. (1) does not impose a ministerial duty on a clerk of circuit court to include the address of a judgment debtor on the judgment docket when the judgment does not include that information. Commercial Mortgage & Finance Co. v. Clerk of the Circuit Court, Walworth County,
2004 WI App 203,
276 Wis. 2d 846,
689 N.W.2d 74,
03-3338.
806.10 Annotation
The clerk of court did not violate sub. (1) by failing to docket a foreclosure judgment. The ensuing deficiency judgment, not the foreclosure judgment, constitutes the only judgment eligible for docketing under sub. (1). Commercial Mortgage & Finance Co. v. Clerk of the Circuit Court, Walworth County,
2004 WI App 203,
276 Wis. 2d 846,
689 N.W.2d 74,
03-3338.
806.11
806.11
Delinquent income or franchise tax lien. 806.11(1)(a)
(a) The name of each delinquent income or franchise tax debtor, with place of residence if it is stated in the warrant.
806.11(1)(d)
(d) The amount of delinquent income or franchise taxes with interest, penalties and costs as set forth in the warrant.
806.11(2)
(2) If a warrant provided by s.
71.74 (14),
71.91 (5), or
71.93 (8) (b) 5. is against several persons, the warrant shall be entered, in accordance with the procedure under sub.
(1), in the judgment and lien docket under the name of each person against whom the warrant was issued.
806.11 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 730 (1975);
1975 c. 218;
1985 a. 145;
1987 a. 312 s.
17;
1991 a. 39;
1995 a. 224;
2009 a. 28.
806.115
806.115
Filing of duplicate copy of warrant. The department of revenue may file in any county a duplicate copy of a warrant filed under s.
71.74 (14),
71.91 (5), or
71.93 (8) (b) 5. and the clerk of circuit court shall enter the duplicate copy on the judgment and lien docket as provided in s.
806.11. When so entered, the duplicate copy shall have the same legal effect as the warrant filed under s.
71.91 (5).
806.12
806.12
Transcript of municipal judge's judgment. 806.12(1)(1)
The clerk of circuit court shall, upon the production of a duly certified transcript of a judgment for more than $10, exclusive of costs, rendered by any municipal judge in the county, enter the judgment in the judgment and lien docket of the court in the manner prescribed in s.
806.10. When the transcript shows that execution was stayed in the municipal court, with the name of the surety thereof, the clerk of circuit court shall enter the judgment against the surety as well as the judgment debtor, and the surety shall be bound thereby as a judgment debtor and the surety's property shall be subject to lien and be liable on the lien to the same extent as the surety's principal.
806.12(2)
(2) Every judgment entered in the judgment and lien docket under sub.
(1), from the time of the filing of the transcript of the judgment, shall be considered the judgment of the circuit court. The judgment shall be equally under the control of the circuit court and municipal court. The judgment shall be carried into execution, both as to the principal judgment debtor and the debtor's surety, if any, in the same manner and with like effect as judgments of the circuit court, except that no action can be brought upon the judgment as a judgment of the circuit court nor execution issued on that judgment after the expiration of the period of the lien of the judgment on real estate provided by s.
806.15.
806.12 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 731 (1975);
1975 c. 218;
1977 c. 305 s.
64;
1995 a. 224.
806.13
806.13
Judgments entered in other counties. When a judgment is entered as provided in ss.
806.10,
806.12 and
806.24, or a warrant is entered as provided in s.
108.22 (2) (a), it may be entered in any other county, upon filing with the clerk of circuit court of that county a transcript from the original judgment and lien docket, certified to be a true copy by the clerk of the original circuit court.
806.13 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 731 (1975);
1975 c. 224;
1987 a. 38 s.
136;
1995 a. 224.
806.14
806.14
Enforcement of real estate judgment in other counties. If a judgment affecting real property is rendered in any county other than that in which the property is situated, the clerk of circuit court of the county where the property is situated shall, upon production of a duly certified copy of the judgment and payment of the fee specified by s.
814.61 (5) (b), file and enter the judgment in the judgment and lien docket. The judgment may be enforced in the circuit court for either county.
806.14 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 732 (1975); Sup. Ct. Order, 109 Wis. 2d xiii (1982);
1995 a. 224.
806.14 Note
Judicial Council Note, 1982: This section is amended by deleting provision for a trial court to order the transfer of all papers, entries, orders and minutes in an action affecting real property to the clerk of circuit court for the county in which the property is situated. The revised statute retains provision for the docketing of a certified copy of the judgment by the clerk of circuit court for the county where the property is situated, giving that court concurrent jurisdiction to enforce the judgment. [Re Order effective Jan. 1, 1983]
806.15
806.15
Lien of judgment; priority; statute may be suspended. 806.15(1)(1)
Every judgment properly entered in the judgment and lien docket showing the judgment debtor's place of residence shall, for 10 years from the date of entry, be a lien on all real property of every person against whom the judgment is entered which is in the county where the judgment is rendered, except homestead property that is exempt from execution under s.
815.20, and which the person has at the time of the entry or which the person acquires thereafter within the 10-year period.
806.15(2)(a)(a) When the collection of the judgment or the sale of the real estate upon which 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 that entry is dated, the time period of the delay after the date of the entry shall not be considered part of the 10-year period under sub.
(1).
806.15(2)(b)
(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 the trial court shall see fit, direct the clerk of circuit court to enter on the judgment and lien docket that the judgment is “secured on appeal" and the judgment shall cease, during the pendency of the appeal, to be a lien.
806.15(3)
(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 the entry, and the lien shall be restored. Similar entries may be made with like effect upon the judgment and lien docket of the judgment in any other county upon filing with the clerk of circuit court a transcript from the original judgment and lien docket.
806.15(4)
(4) A lien under this section does not attach to property that is held, as defined in s.
766.01 (9), by a person who is the spouse or former spouse of a judgment debtor and that is not held by the judgment debtor, unless the spouse of the judgment debtor is a named defendant in the action for which judgment is rendered, the spouse of the judgment debtor is named in the judgment itself, the obligation is determined an obligation described in s.
766.55 (2) and any of the following applies:
806.15(4)(a)
(a) With respect to property held by the spouse of the judgment debtor when the judgment is entered in the judgment and lien docket, the property is expressly determined available under s.
766.55 to satisfy the obligation.
806.15(4)(b)
(b) The property is acquired after the judgment is entered in the judgment and lien docket.
806.15(5)
(5) If a judgment lien has attached under sub.
(4) (b) to property that is exempt under s.
815.205 (1) from execution on the judgment lien and execution has not been issued in connection with the enforcement of the judgment lien, a person with an ownership interest in the property may proceed under s.
806.04 for declaratory relief if, within 10 days after demand, the owner of the judgment fails to execute a recordable release of the property from the judgment lien.
806.15 History
History: 1973 c. 211; Sup. Ct. Order, 67 Wis. 2d 585, 732 (1975);
1975 c. 200;
1985 a. 37,
135,
137,
145,
332;
1987 a. 393;
1991 a. 301;
1995 a. 224.
806.15 Annotation
A judgment creditor who obtains a lien on land by docketing a judgment is not a purchaser for value, and the fact that a judgment creditor may be without notice of a prior equitable interest when the judgment is docketed is not sufficient to give the lien priority over that of a prior equitable mortgagee. The failure of notice does not inure to the benefit of a subsequent judgment creditor as he or she does not part with any value in reliance on the misleading state of the debtor's title. IFC Collateral Corp. v. Commercial Units, Inc.
51 Wis. 2d 41,
186 N.W.2d 214 (1971).
806.15 Annotation
By entering a judgment in the judgment and lien docket, a judgment creditor obtains a 10-year statutory lien on real property of the debtor located in the county in which the judgment was docketed, but does not create a statutory lien on the debtor's personal property. Instead, a judgment creditor obtains an unsecured, inchoate interest with regard to the debtor's personal property, tangible and intangible, against which to levy. Execution, garnishment, and turnover orders applying property in satisfaction of a judgment are all methods of levying the judgment debtor's personal property. Associated Bank N.A. v. Collier,
2014 WI 62,
355 Wis. 2d 343,
852 N.W.2d 443,
11-2597.
806.15 Annotation
In bankruptcy proceedings, the lien of a judgment obtained before discharge was not extinguished by discharge and could be applied to the proceeds of the bankruptcy sale of the real estate to which the lien attached. Wisconsin statutes do not provide that the lien is automatically extinguished by the discharge in bankruptcy; rather, they require an application by the discharged bankrupt to the court in which the judgment was entered, and the entry by that court of an order of satisfaction. In re Tillman Produce Co., Inc.
396 F. Supp. 500 (1975).
806.15 Annotation
Creditor's rights; after-acquired property. Norman, 56 MLR 137.
806.15 Annotation
Bankruptcy and the Wisconsin judgment lien. Doran. WBB March 1984.
806.15 Annotation
Judgment lien claimants' rights against homestead exemption interests: An equitable distribution of mortgage foreclosure sale proceeds. 1981 WLR 697.
806.16
806.16
Appellate court judgment, 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 entered in the judgment and lien docket in the office of any clerk of circuit court in the manner that other judgments are entered and shall then be a lien for the same time as circuit court judgments on the real property in the county where 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 be entered by the clerk of the lower court and shall have the like force and effect as judgments of the circuit court that are entered.
806.16 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975);
1977 c. 187;
1995 a. 224.
806.17
806.17
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 a lien upon the real property of the judgment debtor situated in the county in which it is entered, the same as a judgment of the state court. A transcript of the judgment may be filed with the clerk of circuit court of any other county and shall be entered in the 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).
806.17 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975);
1975 c. 218;
1981 c. 317 s.
2202;
1995 a. 224.
806.18
806.18
Assignment of judgment. 806.18(1)(1)
When a duly acknowledged assignment of a judgment is filed, the clerk of circuit court shall enter the assignment on the judgment and lien docket.
806.18(2)
(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.
806.18 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 734 (1975);
1975 c. 218;
1995 a. 224.
806.19
806.19
Satisfaction of judgments. 806.19(1)(a)
(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 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 on the judgment or for the release of the debtors, naming them.
806.19(1)(b)
(b) No satisfaction by an attorney shall be conclusive upon the judgment creditor in respect to any person who has notice of revocation of the authority of such attorney, before any payment made thereon or before any purchase of property bound by such judgment has been effected.
806.19(1)(c)
(c) On filing a duly executed satisfaction, the clerk of circuit court shall enter the satisfaction on the court record of the case and shall enter a statement of the substance of the satisfaction, including the amount paid, on the judgment and lien docket with the date of filing the satisfaction.
806.19(2)
(2) When an execution is returned satisfied in whole or in part the judgment is considered satisfied to the extent of the amount so returned unless the return is vacated. The clerk of circuit court shall enter in the judgment and lien docket that the amount stated in the return has been collected.
806.19(3)
(3) For the purpose of paying any money judgment, the debtor may deposit with the clerk of circuit court in which the judgment was entered the amount of liability 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. The clerk of circuit court shall immediately note on the judgment and lien docket 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).
806.19(4)(a)(a) Any person who has secured a discharge of a judgment debt in bankruptcy and any person interested in real property to which the judgment attaches may submit an application for an order of satisfaction of the judgment and an attached order of satisfaction to the clerk of the court in which the judgment was entered.
806.19(4)(b)
(b) The application and attached order shall be in substantially the following form:
APPLICATION FOR ORDER OF SATISFACTION OF JUDGMENTS DUE TO DISCHARGE IN BANKRUPTCY
TO: Clerk of Circuit Court
....County
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:
.... (List of judgments by case name, case number, date and, if applicable, judgment and lien docket volume and page number.)
2. a. Copies of the schedules of debts as filed with the bankruptcy court showing each judgment creditor for each of the judgments described above are attached; or
b. Each judgment creditor for each of the judgments described above has been duly notified of the bankruptcy case in the following manner: ....(statement of form of notice).
3. The undersigned believes that each judgment listed above has been discharged in bankruptcy, and no inconsistent ruling has been made by, or is being requested by any party from, the bankruptcy court.
Dated this .... day of ...., ..... (year)
.... (Signature)
Judgment Debtor,
Person Interested
in Real Property
or Attorney for
Debtor or Person
ORDER OF SATISFACTION
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.
Dated this .... day of ...., .... (year)
.... (Signature)
Circuit Judge
806.19(4)(bm)
(bm) The copy of the order of discharge that is attached to the application shall be either a certified copy or a photocopy of the order in the form in which it was served on parties in interest by the bankruptcy court.
806.19(4)(c)
(c) Any person submitting an application and attached proposed order shall serve a copy of the completed application and attached proposed order on each judgment creditor for each of the judgments described in the application within 5 business days after the date of submission.
806.19(4)(d)
(d) Upon receipt of a completed application, the clerk shall submit the attached proposed order for signature by a judge after which the clerk shall satisfy of record each judgment described in the application. Upon satisfaction, a judgment shall cease to be a lien on any real property that the person discharged in bankruptcy owns or later acquires.
806.19 History
History: 1973 c. 211; Sup. Ct. Order, 67 Wis. 2d 585, 735 (1975);
1975 c. 218;
1981 c. 317;
1985 a. 137;
1987 a. 202;
1995 a. 224,
393;
1997 a. 250.
806.19 Annotation
Nothing in sub. (4) requires that the order of satisfaction cover all debts discharged in bankruptcy. EPF Corp. v. Pfost,
210 Wis. 2d 79,
563 N.W.2d 905 (Ct. App. 1997),
96-0006.
806.19 Annotation
When a proper application is received by the clerk and submitted to the judge for signature, the only thing required for satisfaction of a judgment debt and cessation of an associated judgment lien under sub. (4) is that the underlying judgment has been discharged in bankruptcy. Failure to avoid the judgment lien in bankruptcy does not affect the operation of sub. (4). Sub. (4) is not in conflict with, and therefore not preempted by, federal bankruptcy law. Megal Development Corporation v. Shadof,
2005 WI 151,
286 Wis. 2d 105,
705 N.W.2d 645,
04-1594.
806.19 Annotation
In bankruptcy proceedings the lien of a judgment obtained before discharge was not extinguished by discharge and could be applied to the proceeds of the bankruptcy sale of the real estate to which the lien attached. Wisconsin statutes do not provide that the lien is automatically extinguished by the discharge in bankruptcy; rather, they require an application by the discharged bankrupt to the court in which the judgment was entered, and the entry by that court of an order of satisfaction. In re Tillman Produce Co., Inc.
396 F. Supp. 500 (1975).
806.20
806.20
Court may direct satisfaction; refusal to satisfy. 806.20(1)(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 judgment or may by order declare the judgment satisfied and direct satisfaction to be entered upon the judgment and lien docket.
806.20(2)
(2) If any owner of any judgment, after full payment thereof, fails for 7 days after request and tender of reasonable charges therefor, to satisfy the judgment, the owner shall be liable to the party paying the same, the party's heirs or representatives in the sum of $50 damages and also for actual damages occasioned by such failure.
806.20 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 737 (1975);
1975 c. 218;
1995 a. 224.
806.21
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 the satisfaction is entered in the judgment and lien docket, the judgment shall, to the extent of the satisfaction, cease to be a lien. Any execution issued after the satisfaction is entered in the judgment and lien docket shall contain a direction to collect only the residue of the judgment, or to collect only from the judgment debtors remaining liable.
806.21 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 737 (1975);
1995 a. 224.
806.22
806.22
Filing 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 entered, a certified copy of the satisfaction or a certificate by the clerk of circuit court, under official seal, showing the satisfaction, may be filed with the clerk of circuit court of any county where the judgment has been entered, and that clerk of circuit court shall make a similar entry on the judgment and lien docket of that county.
