November 27, 2023 - Introduced by Representatives Clancy, C. Anderson, Madison, Ratcliff, Palmeri, J. Anderson, Baldeh, Bare, Cabrera, Drake, Emerson, Joers, Moore Omokunde, Ohnstad, Ortiz-Velez, Shelton, Sinicki, Snodgrass and Stubbs, cosponsored by Senators Larson, L. Johnson, Spreitzer and Roys. Referred to Committee on Judiciary.
AB702,,22An Act to amend 799.05 (3) (b), 799.05 (7), 799.06 (3) (a), 799.12 (3), 799.16 (4) (c), 799.20 (4), 799.206 (3), 799.21 (3) (a), 799.21 (3) (b), 799.25 (10) (b) and 799.27 (1); and to create 799.01 (1) (ag) and 799.47 of the statutes; relating to: actions for relief from extrajudicial eviction in small claims court. AB702,,33Analysis by the Legislative Reference Bureau 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.
AB702,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: AB702,15Section 1. 799.01 (1) (ag) of the statutes is created to read: AB702,,66799.01 (1) (ag) Extrajudicial evictions. Actions for relief from extrajudicial evictions as described in s. 799.47. AB702,27Section 2. 799.05 (3) (b) of the statutes is amended to read: AB702,,88799.05 (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. AB702,39Section 3. 799.05 (7) of the statutes is amended to read: AB702,,1010799.05 (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: AB702,,1111STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY AB702,,1717City, State Zip Code File No. .... AB702,,1919 vs. S U M M O N S (SMALL CLAIMS) AB702,,2222City, State Zip Code AB702,,2727THE STATE OF WISCONSIN, to the Defendant: AB702,,2828You are being sued for: AB702,,3030.... Relief from extrajudicial eviction AB702,,3131.... Return of Property AB702,,3332.... Confirmation, vacation, modification or correction
33 of arbitration award AB702,,3434.... $........ AB702,,3535If 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. AB702,,3636You 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. AB702,,3737Dated at .... County, Wisconsin, this .... day of ...., .... (year) AB702,,3838 Signed: .... .... AB702,,3939 E. F., Clerk of Circuit Court AB702,,4141 G. H., Plaintiff’s Attorney AB702,,4242 State Bar No.: .... AB702,,4343 Address: .... AB702,,4444 City, State Zip Code: .... AB702,,4545 Phone No.: .... AB702,446Section 4. 799.06 (3) (a) of the statutes is amended to read: AB702,,4747799.06 (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: AB702,,4848STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY AB702,,5454City, State Zip Code File No. .... AB702,,5656 vs. C O M P L A I N T AB702,,5858Address .... (Case Classification Type): .... (Code No.) AB702,,5959City, State Zip Code
