A Wisconsin judgment record is an official report of the proceedings and judgment in a court. It summarises events and court filings, including any record kept by the clerk or other court personnel. It also includes an appeal from a district court. Wisconsin judgment records are public records in line with the open record statutes. Like other Wisconsin court records, judgment records can be made available to interested and eligible persons on request.
What is a Judgment?
A judgment could mean different things based on context. In a legal context, judgment is the decision of a court concerning the liabilities or rights of parties involved in a legal proceeding or action. Also, judgment is a judicial conclusion or decision given by a court or a judge. It could be an obligation emanating from a judicial decision. Furthermore, a judgment is an order of the court establishing the court’s decision in a lawsuit. A judgment stems from the argument presented during the court proceedings and the evidence presented by the parties. The judge gives the judgment, and it is always firmly rooted in the facts of the case. The judgment binds on the plaintiff and the defendant but excludes third parties not connected with the case.
Wisconsin Judgment Laws
The Wisconsin Statutes and the Wisconsin Administrative Code govern judgment laws in Wisconsin. They detail the legal procedure through which the judge can settle lawsuits, and the concerned parties can get the judgment.
What is Judgment Lien?
A Judgment Lien is a court ruling or directive that allows a creditor to take possession of a debtor’s personal or real property if the debtor fails to fulfill their part of the contractual obligations. In this case, the creditor has the judgment in their favor while the debtor has the judgment against them. Lien emanates when a creditor wins a lawsuit. Summarily, the judgment lien intends to enforce the debtor to repay the creditor. This is otherwise known as an abstract of judgment. It gives constructive notice and is attached to the debtors’ assets or property.
What is a Wisconsin Summary Judgment?
In Wisconsin, summary judgment statutes explain that the court shall give judgment if the depositions, pleadings, admission on file, answers to interrogations alongside the affidavits reveal no concrete issue regarding any material fact and that the moving party has a right to a judgment under the law. A judge may give a summary judgment based on liability alone despite a genuine issue as touching damages.
What is a Summary Judgment Motion in Wisconsin?
A summary judgment motion is a final decree given by the court without a trial. One party presents a summary judgment motion in the lawsuit to have a case decided without a trial. Courts in Wisconsin follow established basic methodology to determine the request or motion for summary judgments. A judge must follow some steps to pass a summary judgment.
- A court reviews the complaints to establish whether, on its face, the complaints mention a claim for relief.
- The inquiry then moves to establish the existence of any factual issues if the judge establishes a claim for relief.
- The court considers the affidavit and or other proof of the moving party to confirm if the party has established a prima facie case required for a summary judgment.
- The court will review the affidavit of the opposing party to establish if there are any material facts in disputes or inferences or disputes from undisputed material facts that would qualify the opposing party to a trial.
Wisconsin Judgment Record Search
Accessing judgment in Wisconsin is guided by Wisconsin Open Records Law which permits citizens to inspect and/or obtain copies of records kept by the government authorities. All judgment records in Wisconsin are considered open except where there are exemptions made. Whenever or wherever an exemption exists, the public record statute is set aside. One is not required to explain or state the purpose behind a request when searching for any court record. However, the Supreme Court established that the purpose of a request is relevant when conducting a balancing test. This test weighs public interest to be addressed by the disclosure agents and the private or public interests to be jeopardized by the disclosure. Whenever the jeopardized interest outweighs the right of the public to know, accessing the judgment will be denied. An individual can access court records in Wisconsin at the various courthouses in the state. The requester can access electronic documents through the public access terminals at the clerk’s offices of the court. Occasionally, getting certified copies of court documents or actual court documents usually attract a certain fee according to WI Statute 814.61(10), WI Statute 814.61(5) and WIStatute 19.35(3) (f).
How do I Lookup a Judgment in Wisconsin?
To look up a judgment in Wisconsin, an individual can do the following.
- Identify the courthouse keeping the records.
- Send a request to the clerk of the court in question.
- An individual can access court records at the various courthouses. The individual can use the public access terminals in the offices of the clerks of the court in the case of electronically stored records.
- In accessing paper documents, whether certified copies of court documents or original court documents, one may be required to make certain payments according to the state statutes pointed out above.
What Happens if You Have a Judgment Against You in Wisconsin?
There are two parties in a litigation, namely the plaintiff and the defendant. After due diligence by the court in hearing the two sides and considering the evidence presented, the judge passes a judgment. Irrespective of the feelings of both parties concerning the decision of the court, it is binding on both parties. The party that has the judgment in their favor becomes the judgment creditor while the other party whose judgment is against is the judgment debtor. The debtor under the law is liable to comply with the injunction of the court and pay the stipulated damages to the judgment creditor. If the debtor refuses to pay, the judgment creditor has established legal steps to enforce the judgment of the court. These steps include placing judgment liens on the debtors’ real estate like land, houses, among others. However, a judgment debtor has the right to appeal the judgment against him and go before a higher court to review the judgment. It is, therefore, not statutory that the higher court will set aside the judgment. The court will consider the legal basis for the appeal and decide based on the evidence before it.
How Do I Find Out If I Have a Judgment Against Me in Wisconsin?
An individual can enquire judgment in Wisconsin from the court clerks. Generally, clerks are the custodian of court documents. Also, court documents in Wisconsin are public records. An individual in Wisconsin can easily approach the clerk of the court to access court proceedings, documents, and judgments. On the other hand, if one has a judgment against him, the judgment creditor will reach out to the debtor for the settlement of the judgment.
How Long Does a Judgment Stay On Your Record?
In Wisconsin generally, a judgment entered remains for up to 20 years. However, across the United States, a judgment can stay on a debtor’s credit report for as long as 7 years or until the statute of limitation expires. Some laws determine how long a judgment stays.
How to Enforce Judgment in Wisconsin
A judgment is not a self-enforcing document. The creditor will have to use established legal means to enforce the judgment. For instance, once a judgment is passed, the court creates a judgment lien on the debtor’s property located in the specific county in Wisconsin where the judgment is entered. However, suppose the debtors’ property is in other counties within Wisconsin. In that case, it is the duty of the creditor to record a copy of the judgment in the circuit court where the property is. The creditor records the judgment with the clerk of the court, who is the custodian of court records. The judgment creditor can record the greatest success in enforcing judgment by identifying the various assets of the debtor. After this, the judgment lien can be attached to those assets allowed in Wisconsin.
How to Collect a Judgment in Wisconsin
Collecting a judgment can start as soon as the judgment is given except specified by the court. In collecting a judgment in Wisconsin, the easiest way is to seek voluntary payment by the debtor. In situations where the judgment debtor refuses voluntary payment, the creditor can approach the clerk of the court for a writ of execution. This is a document directing the sheriff to satisfy the payment from the personal properties of the judgment debtor.
In collecting a judgment, creditors must avoid illegal means to avoid fresh litigation that may arise from using methods or techniques unacceptable under the law. Under no circumstance should a debtor be harassed, and the person collecting the judgment should not make false statements. In cases where the court specifies that the debtor can pay the judgment in installments, the judgment collector must abide by the stipulation of the court ruling in carrying out the judgment of the court.
What Happens If Defendant Does Not Pay a Judgment in Wisconsin?
As soon as a judgment is given, it is recommended that the judgment be settled to avoid various legal actions being instigated against one for defaulting to pay. However, a judgment debtor has a right to appeal before a higher court and pray the court set apart the judgment within a time frame. If a debtor refuses to pay, the judgment begins to take up interest from the date the judgment is passed. This increases the cost of the judgment, which, if unattended to, could have serious repercussions on an individual.
What Personal Property can be Seized in a Judgment in Wisconsin?
In Wisconsin, like every other state in the United States, judgment can be attached to real estates such as land, condo, house, or similar property of interest. Although some states allow for properties like jewelry, antiques, and other similar valuables, these are not allowed in Wisconsin. Only real estate can be seized in judgment in Wisconsin.
Wisconsin Judgment Interest Rate
Judgment interest rate is the interest on any judgment against the debtor that accumulates from the day the court passes the judgment to the time the debtor settles the payment. Before Wisconsin Act 69 came into being, the judgment interest rate in Wisconsin was 12% which stands among the highest in the nation. The government changed the interest rate applicable to judgment on civil actions specified under Wisconsin Statutes 807.01(4), 814.04(4), and 815.05(8) via Act 69 in 2011. The act set the interest rate for these Statutes at 1 percent, added to the Federal Revenue prime interest rate in effect on January 1 and July 1 of each year. The Federal Revenue prime rate as of July 1 2012 was 3.25 percent.
What is a Default Judgment?
A default judgment is given when a defendant refuses to respond to summons or where they fail to appear before a court of law. The court passes judgment in favor of the plaintiff. Once the court gives this judgment, it is binding on both plaintiff and defendant. Also, in a default judgment, the judge grants the relief requested in the original petition by the plaintiff before the court. If a case involves damages, a default judgment will sanction the amount pleaded in the initial complaint by the plaintiff. This kind of judgment can be vacated on the ground of genuine excuse by the defendant.
How to File a Motion to Set Aside Default Judgment in Wisconsin?
The debtor must file a formal written request with the court that grants a default judgment to set it aside. This request is called a motion. An individual could follow these steps in filing a motion.
- Obtain a copy of the case file from the clerk. Some of the information needed in filing the motion is in the case file.
- Fill out the forms required for the motion.
- Pay the filing fee or apply for the fee to be waived if one cannot afford the fee.
- Take the motion and its copies to the court where the default judgment was given. Take along the fee waiver also if one applied for it.
- Get the clerk to stamp the documents and insert a hearing date on the notice of motion.
- Send a copy of the motion with the hearing date to the plaintiff
File Motion to Vacate Judgment in Wisconsin
There are two ways to vacate a judgment
- The debtor can appeal the judgment and ask the court to render the original or initial judgment void.
- The debtor can ask the court that granted the default judgment and allow the debtor to fight the case filed against them.
How to Remove an Abstract of Judgment in Wisconsin?
An abstract on judgment is a form used by a judgment creditor to place a lien on a debtor’s property. To remove an abstract on the judgment from a debtor’s property, the debtor needs to get a release or discharge of the abstract to vacate the judgment lien from their real estate. To remove an abstract on judgment, an individual can
- Contact the judgment creditor whose contact is on the abstract.
- Arrange with the creditor the modality to pay the debt in whole or in any other way possible.
- Document the plans agreed with the creditor before payment begins.
- Proceed with the payment.
- Request from the creditor a discharge after full payment.
- Ask the creditor for a release if payment is on installment. This release will remove the judgment lien from only the real estate on the release document. Let the creditor be informed about the address of the property on the release document.
- Document the discharge or release with the clerk of the court in the county where the property is domiciled. Remember to collect a certified copy of the discharge or release.
- File for bankruptcy. The establishment of a discharge will automatically allow the judgment creditor to remove the lien on the real estate. The debtor can request the bankruptcy court for an order to vacate the lien.
How Long is a Judgment Good For in Wisconsin?
A judgment is good for ten years on real estate in Wisconsin. This implies that the creditor can place a judgment lien on the property of the debtor in the county where the judgment is given. Also, from the day the judgment is given to about 20 years, the creditor can approach a sheriff to take over a debtors’ property. Based on permission from the county, the creditor can extend the judgment for about ten years more.
Wisconsin Judgment Statute of Limitations Law
The statute of limitation is a time limit within which a judgment creditor must file a lawsuit against a judgment debtor or a consumer for refusing to pay a debt. Once this time frame is over, the debtor can no longer be sued for the debt again in court. The debt is said to be time-barred. In Wisconsin, the statute of limitation begins on the date of the last payment on an account. According to Wisconsin chapter 893.43, the statute of limitation law on oral or written debt, open accounts, and credit cards are six years, while promissory notes are ten years.
