Wisconsin Judgment by Default — Clerk is a document issued by a Wisconsin court when a defendant fails to appear or respond to a summons or complaint. This document is issued by the court clerk, and it gives the plaintiff the right to collect on the judgment, regardless of whether the defendant has responded to the suit. The judgment is based on the plaintiff's claim and can include court costs, attorney's fees, and other damages. There are two types of Wisconsin Judgment by Default — Clerk: Default Judgment and Default Judgment with Contested Issues. A Default Judgment is issued when the defendant fails to respond to the summons or complaint, and the court decides the case based on the evidence presented by the plaintiff. A Default Judgment with Contested Issues is issued when the defendant contests some or all of the plaintiff's claims. In such cases, the court will decide the case after a hearing or trial.
Wisconsin Judgment by Default - Clerk
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FAQ
Primary tabs. A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
This a result of the person suing you in small claims court and you failed to appear at the hearing. You cannot appeal this kind of judgment and have a new trial until you ?vacate the default judgment?, that is, until you have the judgment removed or erased.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
(5) A default judgment may be rendered against any party who has appeared in the action but who fails to appear at trial. If proof of any fact is necessary for the court to render judgment, the court shall receive the proof.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to ?set aside? (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
To vacate a default judgment under sub. (1) (a), the moving party must set forth a meritorious defense, which is a defense good at law that would survive a motion for judgment on the pleadings.
If the defendant doesn't pay, you may docket the judgment at the Clerk of Courts office. The docketed judgment then acts as a lien on the defendant's real estate owned in Dodge County. If the defendant fails to file the required financial disclosure form, you can ask the court to hold the defendant in contempt.
Wisconsin judgments have 10- and 20-year expiration dates, but they can be extended if the judgment creditor requests permission from the court and re-files an action against the judgment debtor.