SB663: Bill Text

Under current law, actions for eviction are heard in small claims court. Under this bill, actions brought by a tenant for relief from extrajudicial (also known as “self-help”) evictions may also be heard in small claims court.

Under the bill, a tenant is required to file a summons and complaint in small claims court and serve the summons and complaint on the defendant landlord. The return date must be held between five and 25 days from the date that the summons is issued, which is the same time period for eviction actions. Also, similar to eviction actions, if the defendant appears on the return date and raises a defense, the court or circuit court commissioner hearing the action must hold a trial within 30 days of the return date. The bill also provides that a court hearing an action for relief from extrajudicial eviction may grant a temporary injunction against a landlord or a landlord's agent that has removed or attempted to removed the tenant or the tenant's belongings from the premises as part of an extrajudicial eviction.

For further information see the state and 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:

SB663,1 Section 1. 799.01 (1) (ag) of the statutes is created to read:

SB663,2,3 799.01 (1) (ag) Extrajudicial evictions. Actions for relief from extrajudicial evictions as described in s. 799.47.

SB663,2 Section 2. 799.05 (3) (b) of the statutes is amended to read:

SB663,2,11 799.05 (3) (b) Except in eviction actions and actions for relief from extrajudicial evictions, the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date. In eviction actions and actions for relief from extrajudicial evictions, the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 25 days from the issue date, and service shall be made not less than 5 days prior to the return date.

SB663,3 Section 3. 799.05 (7) of the statutes is amended to read:

SB663,2,15 799.05 (7) Form; circuit court commissioner. Except as provided in s. 799.22 (4) (b) 3., in counties in which a circuit court commissioner is assigned to assist in small claims matters, the summons shall be substantially in the following form:

SB663,2,16 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

SB663,2,18 A. B.

SB663,2,19 Address

SB663,2,20 City, State Zip Code File No. ....

SB663,2,21 , Plaintiff

SB663,3,1 vs. S U M M O N S (SMALL CLAIMS)

SB663,3,2 C.D.

SB663,3,3 Address

SB663,3,4 City, State Zip Code

SB663,3,5 , Defendant

SB663,3,7 THE STATE OF WISCONSIN, to the Defendant:

SB663,3,8 You are being sued for:

SB663,3,9 .... Eviction

SB663,3,10 .... Relief from extrajudicial eviction

SB663,3,11 .... Return of Property

SB663,3,13 .... Confirmation, vacation, modification or correction of arbitration award

SB663,3,14 .... $........

SB663,3,18 If you wish to dispute this matter, you must then be in Room ...., of the .... (County) County Courthouse, .... (address), .... (city), Wisconsin before .... o'clock (a.m.) (p.m.), on ...., .... (year). If you do not appear, a judgment may be given to the person suing you for what that person is asking.

SB663,3,20 You are encouraged to bring with you all papers and documents relating to this matter, but there is no need to bring witnesses at this time.

SB663,3,21 Dated at .... County, Wisconsin, this .... day of ...., .... (year)

SB663,3,22 Signed: .... ....

SB663,3,23 E. F., Clerk of Circuit Court

SB663,3,24 or

SB663,4,1 G. H., Plaintiff's Attorney

SB663,4,2 State Bar No.: ....

SB663,4,3 Address: ....

SB663,4,4 City, State Zip Code: ....

SB663,4,5 Phone No.: ....

SB663,4 Section 4. 799.06 (3) (a) of the statutes is amended to read:

SB663,4,9 799.06 (3) (a) The complaint in an eviction action shall conform to s. 799.41. The complaint in other actions under this chapter shall be in writing and shall be substantially in the following form:

SB663,4,10 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

SB663,4,12 A. B.

SB663,4,13 Address

SB663,4,14 City, State Zip Code File No. ....

SB663,4,15 , Plaintiff

SB663,4,16 vs. C O M P L A I N T

SB663,4,17 C. D.

SB663,4,18 Address .... (Case Classification Type): .... (Code No.)

SB663,4,19 City, State Zip Code

SB663,4,20 , Defendant

SB663,4,22 For the Plaintiff's claim against Defendant, Plaintiff states that:

SB663,5,3 1. Plaintiff's injuries or losses occurred on or about .... (month and day), .... (year), and under the following circumstances (brief statement of the facts of plaintiff's claim):

 

 

 

 

SB663,5,11 2. Wherefore, Plaintiff demands judgment for (return of property) (relief from extrajudicial eviction) (confirmation, vacation, modification or correction of arbitration award) (the sum of $....) plus attorney fees, if any, costs of this suit and such other relief as the court deems proper.

SB663,5,12 Signed: ....

SB663,5,13 A. B., Plaintiff

SB663,5,14 or

SB663,5,15 E. F., Plaintiff's Attorney

SB663,5,16 State Bar No.: ....

SB663,5,17 Address: ....

SB663,5,18 City, State Zip Code: ....

SB663,5,19 Phone No.: ....

SB663,5 Section 5. 799.12 (3) of the statutes is amended to read:

SB663,6,10 799.12 (3) If authorized by court rule under sub. (2), service may be made by mail by filing the summons with the clerk of court, together with a request for mail service and the fee prescribed in s. 814.62 (4). The court shall require the use of certified mail with return receipt requested for all eviction and relief from extrajudicial eviction cases for which service by mail is authorized under sub. (2), and for all other cases may by rule require the use of certified mail with return receipt requested. Whenever the use of certified mail is required, the additional fee prescribed in s. 814.62 (4) shall be paid for each defendant. The clerk shall mail a copy to each defendant at the last-known address as specified in the summons. Service of the summons is considered completed when it is mailed, unless the envelope enclosing the summons has been returned unopened to the clerk prior to the return date. All mailing of summonses shall be done in envelopes upon which the clerk's return address appears, with a request to return to that address. Service by mail to obtain a personal judgment shall be limited to the county where the action is commenced.

SB663,6 Section 6. 799.16 (4) (c) of the statutes is amended to read:

SB663,6,12 799.16 (4) (c) Notice in eviction and relief from extrajudicial eviction.

SB663,6,13 STATE OF WISCONSIN

SB663,6,14 CIRCUIT COURT

SB663,6,15 .... COUNTY

SB663,6,16 TO:

SB663,6,20 Take notice that an eviction action (eviction action) (action for relief from extrajudicial eviction) has been commenced against you to recover the possession of the following described premises ...., of which I, the plaintiff, am entitled to possession, but which you have unlawfully detained from me.

SB663,6,25 Unless you appear and defend on the .... day of ...., .... (year), at .... o'clock ..M., in the circuit court of .... county, located in the courthouse in the city of ...., before the Honorable ...., a Judge of said court, or before any judge to whom the action may be assigned, judgment may be rendered against you for the restitution of said premises and for costs.

SB663,7,1 Dated: ...., .... (year)

SB663,7,2 .... Plaintiff

SB663,7,3 By .... Plaintiff's Attorney

SB663,7 Section 7. 799.20 (4) of the statutes is amended to read:

SB663,7,17 799.20 (4) Inquiry of defendant who appears on return date. If the defendant appears on the return date of the summons or any adjourned date thereof, the court or circuit court commissioner shall make sufficient inquiry of the defendant to determine whether the defendant claims a defense to the action. If it appears to the court or circuit court commissioner that the defendant claims a defense to the action, the court or circuit court commissioner shall schedule a trial of all the issues involved in the action, unless the parties stipulate otherwise or the action is subject to immediate dismissal. In a residential eviction action or action for relief from extrajudicial eviction, the court or circuit court commissioner shall hold and complete a court or jury trial of the issue of possession of the premises involved in the action within 30 days of the return date of the summons or any adjourned date thereof, unless the parties stipulate otherwise or the action is subject to immediate dismissal.

SB663,8 Section 8. 799.206 (3) of the statutes is amended to read:

SB663,7,24 799.206 (3) When all parties appear in person or by their attorneys on the return date in an eviction, relief from extrajudicial eviction, garnishment, or replevin action and any party raises valid legal grounds for a contest, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action or action for relief from extrajudicial eviction, not more than 30 days after the return date.

SB663,9 Section 9. 799.21 (3) (a) of the statutes is amended to read:

SB663,8,5 799.21 (3) (a) Any party may, upon payment of the fees prescribed in ss. 814.61 (4) and 814.62 (3) (e), file a written demand for trial by jury. If no party demands a trial by jury, the right to trial by jury is waived forever. In eviction actions and actions for relief from extrajudicial eviction, the demand shall be filed at or before the time of joinder of issue; in all other actions within 20 days thereafter.