321.62(5)(b)1.1. The service member moves the court to reopen the judgment within 90 days after his or her period of state active duty ends.
321.62(5)(b)2.2. The service member has a meritorious or legal defense to the action.
321.62(5)(c)(c) Vacating, setting aside, or reversing a judgment under this subsection does not impair any right or title acquired by a bona fide purchaser for value under the judgment.
321.62(5)(d)(d) Any person who shall make or use an affidavit required under this subsection that he or she knows to be false shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
321.62(6)(6)Stay of action. During any stage of a court action in which a service member in state active duty is involved as a party, or within 60 days after the end of the period of state active duty, 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 state active duty.
321.62(7)(7)Stay or vacation of executions or attachments. In any court action that is commenced against a service member before or after entering state active duty, or within 60 days after the period of state active duty 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 state active duty.
321.62(8)(8)Duration and terms of stays.
321.62(8)(a)(a) Any stay of any action, attachment, execution, or garnishment under this section may be ordered for the period of the state active duty and 90 days after that period has ended, or for any part of that time.
321.62(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.
321.62(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.
321.62(9)(9)Statutes of limitations. The period of state active duty may not be included in computing any period for the bringing of any action or proceeding in any court or before any public agency by or against a person in state active duty or by or against his or her heirs, personal representatives, 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 state active duty.
321.62(10)(10)Maximum interest rate. No obligation or liability bearing interest at a rate in excess of 6 percent per year incurred by a service member in state active duty before his or her entry into that duty may, during any part of the period of state active duty, bear interest in excess of 6 percent 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 percent per year is not materially affected by reason of his or her state active duty, 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.
321.62(11)(11)Eviction stay.
321.62(11)(a)(a) No eviction may be made during the period of state active duty in respect to any premises for which the agreed rent does not exceed the amount specified in 50 USC App. 531, occupied chiefly for dwelling purposes by the spouse, children, domestic partner under ch. 770, or other dependents of a service member who is in state active duty, except upon order of a court in an action affecting the right of possession.
321.62(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 90 days unless the court determines that the ability of the tenant to pay the agreed rent is not materially affected by the state active duty. 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.
321.62(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.
321.62(12)(12)Action to enforce obligation secured by mortgage.
321.62(12)(a)(a) In this subsection, “obligation” means an obligation of a service member in state active duty that was incurred before the service member’s period of state active duty 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.
321.62(12)(b)(b) If a court action against a service member is commenced during the service member’s period of state active duty 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 state active duty, 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 state active duty, 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:
321.62(12)(b)1.1. Stay the action as provided in this section.
321.62(12)(b)2.2. Make such other disposition of the case as the court determines is equitable to the interests of all parties.
321.62(12)(c)(c)
321.62(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 90 days after the service member’s period of state active duty, unless the court ordered the foreclosure, sale, or seizure of property before the beginning of the service member’s period of state active duty and approves the foreclosure, sale, or seizure after it occurs.
321.62(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.
321.62(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 state active duty, 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.
321.62(14)(14)Termination of leases by lessees.
321.62(14)(a)(a) This subsection applies to a lease to which all of the following apply:
321.62(14)(a)1.1. The lease was executed by or on behalf of a service member who entered state active duty after the lease was executed.
321.62(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.