A Wisconsin Order on Motion to Reopen Traffic Forfeiture is a legal document used in the state of Wisconsin to request a hearing to reopen a forfeiture case. The request must be made in writing and submitted to the applicable court. It is used when someone has been issued a traffic citation and believes that the forfeiture was not lawful. The request may include a request for a new hearing or a review of the original ruling. The types of Wisconsin Order on Motion to Reopen Traffic Forfeiture include: Motion to Reopen, Motion to Vacate Forfeiture, Motion to Set Aside Forfeiture, and Motion to Dismiss Forfeiture.
Wisconsin Order on Motion to Reopen Traffic Forfeiture
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Order on Motion to Reopen Traffic Forfeiture
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If you failed to appear for your scheduled small claims court date: if you are the defendant a judgment may be entered against you; if you are the plaintiff, your case may have been dismissed. Generally, you may file a motion to reopen the case within 12 months of the judgment.
If a judge has made the final decision in your small claims case and you are dissatisfied with that decision, you may appeal that decision only to the Wisconsin Court of Appeals. There are no special small claims rules or forms for appeals and filing an appeal can be a complex process.
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.
Wisconsin State Law allows a defendant six (6) months from the judgement date to file a request to reopen a citation. To initiate a request to reopen the citation, the defendant must submit a request in writing.
Small claims court is limited to claims of $10,000 or less. However, third-party complaints, personal injury claims, and actions based in tort are limited to claims of $5,000 or less.
The judge will hear from both sides and decide whether or not to reopen the case. If the judge does not allow the reopening, the original judgment will stay in place. If the judge allows the reopening, you will get a trial date.