Wisconsin Order for Dismissal — Eviction (Small Claims) is an order issued by the court when a tenant fails to comply with the terms of an eviction notice or a written lease. The order requires the tenant to vacate the premises and removes the tenant's right to defend the case in court. There are two types of Wisconsin Order for Dismissal — Eviction (Small Claims): 1) Default Order for Dismissal — Eviction (Small Claims), which is issued when the tenant fails to appear in court or respond to the eviction notice, and 2) Consent Order for Dismissal — Eviction (Small Claims), which is issued when the tenant and the landlord agree to the eviction. Both types of orders require the tenant to vacate the premises within a certain amount of time.
Wisconsin Order for Dismissal - Eviction (Small Claims)
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FAQ
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.
By a preponderance of the evidence A preponderance of the evidence is the most common standard for proving claims in civil proceedings. It is well established that it requires the party asserting a claim to prove that the claim he or she is making is more likely true than not.
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.
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.
Personal service at least 72 hours prior to the hearing if the person is found in Wisconsin but not in the county where the hearing is being held. Motion and Order for Hearing on Contempt Must be served eight working days prior to the court date.
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.
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.