Wisconsin Writ of Restitution/ Disposal of Personal Property Eviction (Small Claims) is a legal document used to evict a tenant from a property in Wisconsin. This document is typically used by a landlord in the event of a tenant not paying rent or breaching the conditions of the lease agreement. It is also used when a tenant has abandoned the property or refused to vacate the premises when the lease has expired. The document is issued by the court and gives the tenant a certain period of time (usually seven days) to vacate the premises, remove their belongings, and pay any back rent or damages owed. There are two main types of Wisconsin Writ of Restitution/ Disposal of Personal Property Eviction (Small Claims): 1. Eviction for Nonpayment of Rent: This type of eviction is used when a tenant has failed to pay rent or breached the terms of the lease agreement. The landlord must provide a notice of termination, and the tenant must be given seven days to vacate the premises or face eviction. 2. Eviction for Abandonment or Refusal to Vacate: This type of eviction is used when a tenant has abandoned the property or refused to vacate the premises when the lease has expired. The landlord must provide a notice of termination, and the tenant must be given seven days to vacate the premises or face eviction.
Wisconsin Writ of Restitution/ Disposal of Personal Property Eviction (Small Claims)
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FAQ
A: The Small Claims filing fee is $94.50 plus service fees.
The Wisconsin statute of limitations is typically three years for personal injuries. This means you have three years from the date your injuries occurred to settle your injury claim or to file a lawsuit.
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.
How long does a judgment lien last in Wisconsin? A judgment lien in Wisconsin will remain attached to the debtor's property (even if the property changes hands) for ten years.
Replevins are small claims actions seeking the return of movable property (not real estate or money). The property claimed does not exceed $5,000 or, for return of property that was the subject of a lease or credit from a dealer, does not exceed $25,000.
Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin your action. List your name as the plaintiff. You are the person filing the lawsuit.
A Writ of Restitution orders the Sheriff or his designee to remove the defendant from the premises so that the rightful owner may have possession of the same and to satisfy the judgment for costs. The Writ is valid for 30 days after issuance.
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.