AB 702 — Relating to: actions for relief from extrajudicial eviction in small claims court. (FE)

Bill Text

• Bill Text View text Current pdf

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill allows tenants to seek relief from extrajudicial evictions in small claims court and establishes new procedures related to eviction cases.

• 799.05 (3) (b)

  the return date for a summons served upon a resident of this state shall be not less than 8 days nor more than 30 days from the issue date, and service shall be made not less than 8 days prior to the return date. → the return date for a summons served upon a resident of this state shall be not less than 5 days nor more than 25 days from the issue date, and service shall be made not less than 5 days prior to the return date.

  Reduces the return date for eviction actions and actions for relief from extrajudicial evictions.

• 799.05 (7)

  .... Relief from extrajudicial eviction

  Adds a new reason for the summons and complaint form to include relief from extrajudicial eviction.

• 799.06 (3) (a)

  The complaint in other actions under this chapter shall be in writing and shall be substantially in the following form: → The complaint in other actions under this chapter shall be in writing and shall be substantially in the following form:

  This specifies the complaint requirements for actions related to extrajudicial eviction.

• 799.12 (3)

  the court shall require the use of certified mail with return receipt requested for all eviction cases for which service by mail is authorized under sub. (2), → the court shall require the use of certified mail with return receipt requested for all eviction and relief from extrajudicial eviction cases for which service by mail is authorized under sub. (2),

  Expands the requirement for certified mail to also include cases of relief from extrajudicial eviction.

• 799.16 (4) (c)

  Notice in eviction and relief from extrajudicial eviction.

  Combines notice provisions for eviction actions and actions for relief from extrajudicial eviction.

• 799.20 (4)

  In a residential eviction action → In a residential eviction action or action for relief from extrajudicial eviction

  Requires trials for both eviction actions and actions for relief from extrajudicial eviction to be held within 30 days of the return date.

• 799.206 (3)

  eviction, → eviction, relief from extrajudicial eviction,

  Ensures hearings are scheduled for both eviction and relief from extrajudicial eviction cases.

• 799.21 (3) (a)

  In eviction actions → In eviction actions and actions for relief from extrajudicial eviction

  Clarifies the demand for a trial by jury requirement applies to both eviction and extrajudicial eviction actions.

• 799.21 (3) (b)

  except in eviction actions → except in eviction actions and actions for relief from extrajudicial eviction

  Clarifies the timing for jury trial requests in relation to eviction and relief from extrajudicial eviction actions.

Action History

1. April 15, 2024

   Failed to pass pursuant to Senate Joint Resolution 1

2. November 27, 2023

   Read first time and referred to Committee on Judiciary

3. November 27, 2023

   Introduced by Representatives Clancy, C. Anderson, Madison, Ratcliff, Palmeri, J. Anderson, Baldeh, Bare, Cabrera, Drake, Emerson, Joers, Moore Omokunde, Ohnstad, Ortiz-Velez, Shelton, Sinicki, Snodgrass and Stubbs; cosponsored by Senators Larson, L. Johnson, Spreitzer and Roys

Sponsors

• Ryan Clancy · Primary
• Clinton Anderson · Primary
• Darrin Madison · Primary
• Melissa Ratcliff · Primary
• Lori Palmeri · Primary
• Baldeh · Primary
• Mike Bare · Primary
• Cabrera · Primary
• Dora Drake · Primary
• Jodi Emerson · Primary
• Alex Joers · Primary
• Supreme Moore Omokunde · Primary
• Ohnstad · Primary
• Sylvia Ortiz-Velez · Primary
• Shelton · Primary
• Christine Sinicki · Primary
• Lee Snodgrass · Primary
• Shelia Stubbs · Primary
• Clinton Anderson · Primary

Subjects