Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB703 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-3898/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 703
5	5	November 27, 2023 - Introduced by Representatives CLANCY, MADISON, PALMERI, C.
6	6	ANDERSON, J. ANDERSON, BALDEH, CABRERA, DRAKE, EMERSON, HONG, JACOBSON,
7	7	JOERS, MOORE OMOKUNDE, OHNSTAD, ORTIZ-VELEZ, SHELTON, SINICKI,
8	8	SNODGRASS and STUBBS, cosponsored by Senators LARSON, HESSELBEIN, L.
9	9	JOHNSON, SPREITZER and ROYS. Referred to Committee on Judiciary.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 799.24 (3); and to create 799.24 (3) (b) of the
12	12	statutes; relating to: procedures in eviction actions for noncompliance with
13	13	stipulated judgments of dismissal.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill requires certain procedural safeguards before judgment is entered in
16	16	a small claims eviction action based on noncompliance with a stipulated dismissal.
17	17	Current law establishes certain procedures to be followed in small claims
18	18	actions brought in circuit court. Small claims actions include eviction actions,
19	19	actions to recover earnest money given towards the purchase of real property, and
20	20	certain other civil actions in which the amount claimed is $10,000 or less. Under
21	21	current law, the parties to a small claims action may settle the action and stipulate
22	22	to a judgment of dismissal, and, if a party does not comply with the stipulation, the
23	23	other party may file an affidavit of noncompliance, and the court may vacate the
24	24	stipulated judgment and enter judgment against the noncomplying party without
25	25	notifying the noncomplying party.
26	26	The bill provides that, if such a stipulation is entered in a small claims eviction
27	27	action, the court may vacate the stipulated judgment only if prior written notice is
28	28	provided to the noncomplying party. The bill also provides that the court may not
29	29	enter judgment against the noncomplying party unless 1) the complying party
30	30	applies for such entry, files proof by affidavit of noncompliance with the terms of the
31	31	stipulation, and files proof that proper notice has been provided to the noncomplying
32	32	party, and 2) the court holds an evidentiary hearing.
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35	35	3 - 2 -2023 - 2024 Legislature LRB-3898/1
36	36	KRP:cjs
37	37	ASSEMBLY BILL 703
38	38	For further information see the local fiscal estimate, which will be printed as
39	39	an appendix to this bill.
40	40	The people of the state of Wisconsin, represented in senate and assembly, do
41	41	enact as follows:
42	42	SECTION 1. 799.24 (3) of the statutes is renumbered 799.24 (3) (a) and amended
43	43	to read:
44	44	799.24 (3) (a) Prior to the entry of judgment, upon stipulation of the parties to
45	45	a schedule for compliance with the stipulation, the court or circuit court
46	46	commissioner may enter a stipulated judgment of dismissal in lieu thereof. Any
47	47	Except as provided in par. (b), any such judgment may be vacated without notice to
48	48	the obligated party, and the unsatisfied portion thereof entered, upon application by
49	49	the prevailing party and proof by affidavit of noncompliance with the terms of the
50	50	stipulation.
51	51	SECTION 2. 799.24 (3) (b) of the statutes is created to read:
52	52	799.24 (3) (b) If a stipulated judgment of dismissal is entered under par. (a) in
53	53	an action for eviction, the court or circuit court commissioner may vacate the
54	54	stipulated judgment only if prior written notice is provided to the obligated party.
55	55	The court or circuit court commissioner may not enter the unsatisfied portion of the
56	56	stipulated judgment unless all of the following occur:
57	57	1. The prevailing party applies for such entry, files proof by affidavit of
58	58	noncompliance with the terms of the stipulation, and files proof that proper notice
59	59	has been provided.
60	60	2. The court or circuit court commissioner holds an evidentiary hearing.
61	61	(END)
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