LRB-3898/1
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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 703
November 27, 2023 - Introduced by Representatives CLANCY, MADISON, PALMERI, C.
ANDERSON, J. ANDERSON, BALDEH, CABRERA, DRAKE, EMERSON, HONG, JACOBSON,
JOERS, MOORE OMOKUNDE, OHNSTAD, ORTIZ-VELEZ, SHELTON, SINICKI,
SNODGRASS and STUBBS, cosponsored by Senators LARSON, HESSELBEIN, L.
JOHNSON, SPREITZER and ROYS. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 799.24 (3); and to create 799.24 (3) (b) of the
statutes; relating to: procedures in eviction actions for noncompliance with
stipulated judgments of dismissal.
Analysis by the Legislative Reference Bureau
This bill requires certain procedural safeguards before judgment is entered in
a small claims eviction action based on noncompliance with a stipulated dismissal.
Current law establishes certain procedures to be followed in small claims
actions brought in circuit court. Small claims actions include eviction actions,
actions to recover earnest money given towards the purchase of real property, and
certain other civil actions in which the amount claimed is $10,000 or less. Under
current law, the parties to a small claims action may settle the action and stipulate
to a judgment of dismissal, and, if a party does not comply with the stipulation, the
other party may file an affidavit of noncompliance, and the court may vacate the
stipulated judgment and enter judgment against the noncomplying party without
notifying the noncomplying party.
The bill provides that, if such a stipulation is entered in a small claims eviction
action, the court may vacate the stipulated judgment only if prior written notice is
provided to the noncomplying party. The bill also provides that the court may not
enter judgment against the noncomplying party unless 1) the complying party
applies for such entry, files proof by affidavit of noncompliance with the terms of the
stipulation, and files proof that proper notice has been provided to the noncomplying
party, and 2) the court holds an evidentiary hearing.
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ASSEMBLY BILL 703
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 799.24 (3) of the statutes is renumbered 799.24 (3) (a) and amended
to read:
799.24 (3) (a) Prior to the entry of judgment, upon stipulation of the parties to
a schedule for compliance with the stipulation, the court or circuit court
commissioner may enter a stipulated judgment of dismissal in lieu thereof. Any
Except as provided in par. (b), any such judgment may be vacated without notice to
the obligated party, and the unsatisfied portion thereof entered, upon application by
the prevailing party and proof by affidavit of noncompliance with the terms of the
stipulation.
SECTION 2. 799.24 (3) (b) of the statutes is created to read:
799.24 (3) (b) If a stipulated judgment of dismissal is entered under par. (a) in
an action for eviction, the court or circuit court commissioner may vacate the
stipulated judgment only if prior written notice is provided to the obligated party.
The court or circuit court commissioner may not enter the unsatisfied portion of the
stipulated judgment unless all of the following occur:
1. The prevailing party applies for such entry, files proof by affidavit of
noncompliance with the terms of the stipulation, and files proof that proper notice
has been provided.
2. The court or circuit court commissioner holds an evidentiary hearing.
(END)
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