Wisconsin Agreed Order and Final Judgment - Awarding Forfeiture
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How to fill out Agreed Order And Final Judgment - Awarding Forfeiture?
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FAQ
Pursuant to Wisconsin Statutes section 893.21(4), any action to recover a forfeiture or penalty imposed by ordinance or regulation of any county, when no other limitation is prescribed by law, shall be commenced within two years of said violation.
A forfeiture is an order of the court mandating the surrender of property to the court. In most instances, a forfeiture mandates the surrender of money to the court (also called a fine), but the court may order the surrender of personal property such as an automobile or real property, being land or a building.
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.
(a) For a Class A forfeiture, a forfeiture not to exceed $10,000. (b) For a Class B forfeiture, a forfeiture not to exceed $1,000. (c) For a Class C forfeiture, a forfeiture not to exceed $500. (d) For a Class D forfeiture, a forfeiture not to exceed $200. (e) For a Class E forfeiture, a forfeiture not to exceed $25.
(a) For a Class A forfeiture, a forfeiture not to exceed $10,000. (b) For a Class B forfeiture, a forfeiture not to exceed $1,000. (c) For a Class C forfeiture, a forfeiture not to exceed $500. (d) For a Class D forfeiture, a forfeiture not to exceed $200. (e) For a Class E forfeiture, a forfeiture not to exceed $25.
969.13 Forfeiture. (1) If the conditions of the bond are not complied with, the court having jurisdiction over the defendant in the criminal action shall enter an order declaring the bail to be forfeited.
A criminal conviction is required, and forfeiture is part of the defendant's sentence. Criminal forfeiture is limited to the property interests of the defendant, including any proceeds earned by the defendant's illegal activity.
Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law.
