21.75(6) (6)Stay of action. During any stage of a court action in which a service member in active state service is involved as a party, or within 60 days after the end of the period of active state service, the court in which the action is pending may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the action unless the court determines that the service member's ability to represent his or her interest in the action is not materially affected by reason of his or her active state service.
21.75(7) (7)Stay or vacation of executions or attachments. In any court action that is commenced against a service member before or after entering active state service, or within 60 days after the period of active state service ends, the court may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the execution of any judgment or order entered against the service member, or stay or vacate any attachment or garnishment regarding the service member's property, unless the court determines that the service member's ability to comply with the judgment or order is not materially affected by reason of his or her active state service.
21.75(8) (8)Duration and terms of stays.
21.75(8)(a)(a) Any stay of any action, attachment, execution, or garnishment under this section may be ordered for the period of the active state service and 3 months after that period has ended, or for any part of that time.
21.75(8)(b) (b) Any stay under par. (a) may be subject to such terms as may be just, including the payment of installments in an amount and at the times that the court determines.
21.75(8)(c) (c) If the service member is a codefendant in an action, the plaintiff may, by leave of the court, proceed against the other codefendants.
21.75(9) (9)Statutes of limitations. The period of active state service may not be included in computing any period for the bringing of any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., by or against a person in active state service or by or against his or her heirs, executors, administrators or assigns, whether the cause of action or proceeding or the right to bring the action or proceeding accrued before or during the period of active state service.
21.75(10) (10)Maximum interest rate. No obligation or liability bearing interest at a rate in excess of 6% per year incurred by a service member in active state service before his or her entry into that service may, during any part of the period of active state service, bear interest in excess of 6% per year except by court order. If, upon application by an obligee, a court determines that the ability of the service member to pay interest upon the obligation or liability at a rate in excess of 6% per year is not materially affected by reason of his or her active state service, the court may make any order that is just. In this subsection, "interest" includes service charges, renewal charges, fees, or other charges, other than insurance, in respect to the obligation or liability.
21.75(11) (11)Eviction stay.
21.75(11)(a)(a) No eviction may be made during the period of active state service in respect to any premises for which the agreed rent does not exceed $1,200 per month, occupied chiefly for dwelling purposes by the spouse, children, or other dependents of a service member who is in active state service, except upon order of a court in an action affecting the right of possession.
21.75(11)(b) (b) In an action for eviction under par. (a), the court may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the proceedings for not longer than 3 months unless the court determines that the ability of the tenant to pay the agreed rent is not materially affected by the active state service. The court may make any other order in the eviction action as it considers necessary and just. If a stay or order is issued under this paragraph, the court may, upon the request of the owner of the premises, make any other order as may be applicable to conserve the interests of all of the parties.
21.75(11)(c) (c) Any person who knowingly takes part in any eviction prohibited under par. (a) except as provided in this subsection, or attempts to do so, shall be fined not more than $10,000 or imprisoned not more than 9 months or both.
21.75(12) (12)Action to enforce obligation secured by mortgage.
21.75(12)(a)(a) In this subsection, "obligation" means an obligation of a service member in active state service that was incurred before the service member's period of active state service began and that is secured by a mortgage, deed of trust, or other security in the nature of a mortgage on real or personal property that is owned by the service member.
21.75(12)(b) (b) If a court action against a service member is commenced during the service member's period of active state service to enforce an obligation for nonpayment of any sum due or for any other breach of terms occurring before or during the service member's period of active state service, the court shall hold a hearing on the matter. Unless the court determines that the service member's ability to comply with the terms of the obligation is not materially affected by reason of his or her active state service, the court on its own motion may, or upon application of the service member or another person on his or her behalf shall, do any of the following:
21.75(12)(b)1. 1. Stay the action as provided in this section.
21.75(12)(b)2. 2. Make such other disposition of the case as the court determines is equitable to the interests of all parties.
21.75(12)(c) (c)
21.75(12)(c)1.1. Notwithstanding the times provided in ss. 846.10, 846.101, 846.102, and 846.103 for sales of real property, no foreclosure, sale, or seizure of property for nonpayment of any sum due or for any other breach of terms is valid if it occurs during or within 3 months after the service member's period of active state service, unless the court ordered the foreclosure, sale, or seizure of property before the beginning of the service member's period of active state service and approves the foreclosure, sale, or seizure after it occurs.
21.75(12)(c)2. 2. Any person who knowingly causes a foreclosure, sale, or seizure of property that is invalid under subd. 1. shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
21.75(13) (13)Personal property contracts. When an action to resume possession of personal property, or to rescind or terminate a contract for the purchase of personal property, has been stayed under this section, the court may appoint 3 disinterested persons to appraise the property. Based upon the report of the appraisers, and unless undue hardship would result to the dependents of the service member in active state service, the court may order that a sum be paid to the service member as a condition of resuming possession of the property or rescinding or terminating the contract.
21.75(14) (14)Termination of leases by lessees.
21.75(14)(a)(a) This subsection applies to a lease to which all of the following apply:
21.75(14)(a)1. 1. The lease was executed by or on behalf of a service member who entered active state service after the lease was executed.
21.75(14)(a)2. 2. The lease covers premises that are occupied for dwelling, professional, business, agricultural, or similar purposes by the service member, or the service member and his or her dependents.
21.75(14)(b) (b) A lease to which this subsection applies may be terminated by the service member at any time after the beginning of the service member's period of active state service by giving notice in writing by personal delivery or first class mail to the landlord or the person who has been receiving rent or managing the property as the landlord's agent.
21.75(14)(c) (c) If the lease provides for monthly payment of rent, termination shall be effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice is delivered or mailed. In any other case, all of the following apply:
21.75(14)(c)1. 1. Termination shall be effective on the last day of the month after the month in which the notice was delivered or mailed.
21.75(14)(c)2. 2. Any unpaid rent for the period preceding termination shall be computed on a prorated basis.