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Bill > AB702

WI AB702

WI AB702
Actions for relief from extrajudicial eviction in small claims court. (FE)

summary

Introduced
11/27/2023
In Committee
11/27/2023
Crossed Over
Passed
Dead
04/15/2024

Introduced Session

2023-2024 Regular Session

Bill Summary

Under current law, actions for eviction are heard in small claims court. Under this bill, actions brought by a tenant for relief from extrajudicial (also known as “self-help”) evictions may also be heard in small claims court. Under the bill, a tenant is required to file a summons and complaint in small claims court and serve the summons and complaint on the defendant landlord. The return date must be held between five and 25 days from the date that the summons is issued, which is the same time period for eviction actions. Also, similar to eviction actions, if the defendant appears on the return date and raises a defense, the court or circuit court commissioner hearing the action must hold a trial within 30 days of the return date. The bill also provides that a court hearing an action for relief from extrajudicial eviction may grant a temporary injunction against a landlord or a landlord's agent that has removed or attempted to removed the tenant or the tenant's belongings from the premises as part of an extrajudicial eviction. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill expands the jurisdiction of small claims court to include actions for relief from extrajudicial (or "self-help") evictions. Under the bill, tenants can file a summons and complaint in small claims court to seek relief from an extrajudicial eviction, similar to the process for a standard eviction case. The bill sets specific timelines for the return date and trial, and allows the court to grant temporary injunctions against landlords who have removed or attempted to remove a tenant or their belongings through extrajudicial means. The bill also makes various other procedural amendments to accommodate these new "relief from extrajudicial eviction" actions within the small claims court process.

Committee Categories

Justice

Sponsors (23)

Last Action

Failed to pass pursuant to Senate Joint Resolution 1 (on 04/15/2024)

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