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Wisconsin SC-6010V: Pre-Judgment: Basic Steps for Handling a Small Claims Case for Eviction

State:
Wisconsin
Control #:
WI-SKU-0491
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PDF
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Description

SC-6010V: Pre-Judgment: Basic Steps for Handling a Small Claims Case for Eviction

Wisconsin SC-6010V: Prejudgment: Basic Steps for Handling a Small Claims Case for Eviction is a legal document that outlines the steps landlords and tenants must take when filing a small claims case for eviction in the state of Wisconsin. The document details the filing process, including how to file the complaint, the notice and summons requirements, and how to serve the tenant. It also explains the timeline for responding to the complaint, the procedures for the court hearing, and the process for requesting a judgment. The document is divided into three main sections: Prejudgment, Post-Judgment, and Post-Judgment Execution. The Prejudgment section of Wisconsin SC-6010V outlines the steps landlords and tenants must take to initiate a small claims case for eviction, including: filing the complaint and summons; giving the tenant notice of the filing; and serving the tenant with the complaint and summons. It also describes the timeline for responding to the complaint and the procedures for the court hearing. The Post-Judgment section of Wisconsin SC-6010V outlines the steps landlords and tenants must take after the initial court hearing, including: filing a motion for judgment; issuing a judgment; and requesting a writ of execution. The Post-Judgment Execution section of Wisconsin SC-6010V outlines the steps landlords and tenants must take to enforce the judgment, including: requesting a writ of execution from the court; serving the writ of execution on the tenant; and executing the writ of execution if necessary.

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FAQ

Wisconsin state law dictates that a tenant must vacate the property within 10 days upon receipt of the Writ of Restitution. In cases that will bring a tenant hardship, they may be granted a stay of execution for a maximum of 30 days.

The landlord can give the tenant a five-day notice to pay or vacate. This notice informs the tenant that the tenant has five days to either pay rent or move out of the rental unit, or the landlord will file an eviction lawsuit against the tenant.

You may not need an attorney, and the rules are simpler than in most court proceedings. Any individual and any corporation doing business in Wisconsin can sue or be sued in small claims court. Small claims court may only be used for certain types of cases.

Service must be obtained not less than 8 business days before the return date, but no longer than 90 calendar days from the date the action was filed. Defendants who live outside of Wisconsin can also be served with the Small Claims papers in their home state.

At least 28 days' notice must be given except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days' notice.

If the tenant still does not pay rent within the five-day period, then the tenancy is terminated and the landlord can proceed to court to receive an eviction order. The landlord cannot proceed with the eviction, however, if the tenant pays the rent within the specified time period.

Eviction Process in Wisconsin The landlord must file a summons and complaint in the small claims court of the county where the rental property is located. The tenant will receive a copy of the summons and complaint, and the summons will have a date and time for a hearing before a judge (see Wis. Stat. Ann.

Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

More info

See Pre-Judgment: Basic Steps to. Small Claims Service, (SC-6050V) form for additional information. 7.SC6010V. Pre-Judgment: Basic Steps for Handling a Small Claims Case for Eviction. Attend the first court date. See the instructional packet, Basic Guide to Wisconsin Small Claims Actions (SC-6000V) for additional information about preparing and attending trial. SC-6000V: Basic Guide to Wisconsin Small Claims Actions. SC-6010V: Pre-Judgment: Basic Steps for Handling a Small Claims Case for Eviction. Find information about filing a case and the process in small claims court. Basic Steps for Handling Small Claims for Eviction: SC-6010.

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Wisconsin SC-6010V: Pre-Judgment: Basic Steps for Handling a Small Claims Case for Eviction