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Home » US Law » 2022 Wisconsin Statutes & Annotations » Small Claims. » Chapter 799 - Procedure in small claims actions.

799.213 – Arbitration actions.

799.213 Arbitration actions. Chapter 788 applies to actions relating to the confirmation, vacation, modification or correction of an arbitration award. History: 1991 a. 163.

799.215 – Trial by court, findings and judgment.

799.215 Trial by court, findings and judgment. Upon a trial of an issue of fact by the court, its decision shall be given either orally immediately following trial or in writing and filed with the clerk within 60 days after submission of the cause, and shall state separately the facts found and the conclusions of […]

799.22 – Judgment on failure to appear or answer.

799.22 Judgment on failure to appear or answer. (1) When plaintiff fails to appear. If the plaintiff fails to appear on the return date or on the date set for trial, the court may enter a judgment for the defendant dismissing the action, on motion of the defendant or on its own motion. (2) When […]

799.225 – Dismissal of pending actions.

799.225 Dismissal of pending actions. The court may without notice dismiss any action or proceeding, in which issue has not been joined, which is not otherwise disposed by judgment or stipulation and order within 6 months from the original return date. History: 1979 c. 32 s. 66; Stats. 1979 s. 799.225.

799.24 – Judgment.

799.24 Judgment. (1) Entry of judgment or order; notice of entry thereof. When a judgment or an order is rendered, the judge, circuit court commissioner or clerk of circuit court shall immediately enter it in the court record and note the date thereof which shall be the date of entry of judgment or order. The […]

799.25 – Costs.

799.25 Costs. The clerk shall without notice to the parties tax and insert in the judgment as costs in favor of the party recovering judgment the following: (1) Filing fee. The fee prescribed in s. 814.62 (3) (a), if paid. (3) Mailing fee. The mailing fee prescribed in s. 814.62 (4), if paid. (5) Garnishee […]

799.255 – Small claims fees.

799.255 Small claims fees. In actions under this chapter, the clerk shall collect the fees prescribed in s. 814.62. History: 1981 c. 317.

799.26 – Money damages; disclosure of assets requested.

799.26 Money damages; disclosure of assets requested. (1) When a judgment for money damages is entered under this chapter, the court or circuit court commissioner shall order the judgment debtor to execute under penalty of contempt a disclosure statement and to mail or deliver that statement to the judgment creditor or to the clerk of […]

799.27 – Adjournments.

799.27 Adjournments. (1) On request. Except in eviction actions, a party who appears on the return date shall be given, on request, an adjournment of at least 7 days, or such longer period as the court grants. In eviction actions, no adjournments shall be granted except for cause shown under sub. (2) and (3), unless […]

799.28 – New trial.

799.28 New trial. (1) Motions for new trial. Motions for new trial in the trial court are governed by s. 805.15. A motion for a new trial must be made and heard within 20 days after the verdict is rendered, unless the court extends the time as provided in s. 801.15 (2) (b). If the […]

799.29 – Default judgments.

799.29 Default judgments. (1) Motion to reopen. (a) There shall be no appeal from default judgments, but the trial court may, by order, reopen default judgments upon notice and motion or petition duly made and good cause shown. (b) In ordinance violation cases, the notice of motion must be made within 20 days after entry […]

799.30 – Appeal.

799.30 Appeal. An appeal of a judgment or order under this chapter shall be to the court of appeals. History: Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 218; 1977 c. 187; 1979 c. 32 s. 66; Stats. 1979 s. 799.30.

799.40 – Eviction actions.

799.40 Eviction actions. (1) When commenced. A civil action of eviction may be commenced by a person entitled to the possession of real property, or by that person’s agent authorized in writing, to remove therefrom any person who is not entitled to either the possession or occupancy of such real property. (1g) Notice terminating tenancy. […]

799.41 – Complaint in eviction actions.

799.41 Complaint in eviction actions. (1) The complaint shall be in writing and subscribed by the plaintiff or attorney in accordance with s. 802.05. The complaint shall identify the parties and the real property which is the subject of the action and state the facts which authorize the removal of the defendant. The description of […]

799.42 – Service and filing in eviction actions.

799.42 Service and filing in eviction actions. The complaint shall be served with the summons when service is had under s. 799.12 (1), (2), or (3). History: 1979 c. 32 ss. 66, 92 (16); Stats. 1979 s. 799.42; 1987 a. 208; 2013 a. 76.

799.43 – Defendant’s pleading in eviction actions.

799.43 Defendant’s pleading in eviction actions. The defendant may plead to the complaint orally or in writing, except that if the plaintiff’s title is put in issue by the defendant, the answer shall be in writing and subscribed in the same manner as the complaint. Within the limitation of s. 799.02 the defendant may counterclaim […]

799.44 – Order for judgment; writ of restitution.

799.44 Order for judgment; writ of restitution. (1) Order for judgment. In an eviction action, if the court finds that the plaintiff is entitled to possession, the court shall immediately enter an order for judgment for the restitution of the premises to the plaintiff. If an additional cause of action is joined under s. 799.40 […]

799.445 – Appeal.

799.445 Appeal. An appeal in an eviction action shall be initiated within 15 days of the entry of judgment or order as specified in s. 808.04 (2). An order for judgment for restitution of the premises under s. 799.44 (1) or for denial of restitution is appealable as a matter of right under s. 808.03 […]

799.45 – Execution of writ of restitution; disposal of personal property.

799.45 Execution of writ of restitution; disposal of personal property. (1) When executed. Upon delivery of a writ of restitution to the sheriff, and after payment to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. If the plaintiff, or the plaintiff’s attorney or agent, does not notify […]