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eviction-24 hour notice

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V

vvmb

Guest
I was wondering about wisconsin law and notification of eviction. My friend received an eviction notice via mail from the sheriff department saying she was hereby notified that the sheriff's department has a court order(writ of restitution/assistance) requiring the immediate removal from the premises. Failure to vacate immediately will be cause for the sheriff to remove the belongings from the premises.I thought she had to be served the papers in person?Also she filed for bankruptcy and was told she would get a "stay" The letter she received was dated Feb 15, postmarked Feb 16 and she received in the mail today (Feb 17) but she filed on the 16th ,does this mean she still has to move out within 24 hours, or will the sheriff "officially serve her the eviction notice and then she can show them the papers that she filed (relief ordered)
She was just looking for more time to move out, like next weekend.
 


D

djdj

Guest
Its toolate....she allready have been to court and FOUND GUILTY and the sherrif has the notice.....

Better rent her a UHAL asap, and get her a motel room.....

Bankruptcy can stay a eviction temporalily..if it is filed before you have a judgement..

Shes wayyyyyyyyyyyy tooooo lateeeeeeeeee.

If she is served with papers from a sherrif. SHE WILL HAVE TO MOVE EVERYTHING TO THE STREET ON THE SPOT!

 
D

djdj

Guest
OK here is the WI law:

Basically it says if YOU OR ANYONE CAN pay every LAST CENT OF THE JUDGEMENT AND THE CURRENT RENT ...it can be stayed if a judge approves.......

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799.44(2)
(2) Writ of restitution. At the time of ordering judgment for the restitution of premises, the
court shall order that a writ of restitution be issued, and the writ may be delivered to the
sheriff for execution in accordance with s. 799.45. No writ shall be executed if received by
the sheriff more than 30 days after its issuance.

799.44(4)
(4) Writ of restitution; form and contents. The writ of restitution shall be in the name of
the court, sealed with its seal, signed by its clerk, directed to the sheriff of the county in which
the real property is located, and in substantially the following form:
(Venue and caption)
THE STATE OF WISCONSIN To the Sheriff of .... County:
The plaintiff, ...., of .... recovered a judgment against the defendant, ...., of ...., in an eviction
action in the Circuit Court of .... County, on the .... day of ...., .... (year), to have restitution of
the following described premises:
.... (description as in complaint), located in .... County, Wisconsin.
YOU ARE HEREBY COMMANDED To immediately remove the defendant, ...., from the
said premises and to restore the plaintiff, ...., to the possession thereof. You are further
commanded to remove from said premises all personal property not the property of the
plaintiff, and to store and dispose of the same according to law, and to make due return of this
writ within ten days.
Witness the Honorable ...., Judge of the said Circuit Court, this .... day of ...., .... (year)
.... Clerk


799.445
799.445 Appeal. An appeal in an eviction action shall be initiated within 15 days of the entry
of judgment or order as specified in s. 808.04 (2). An order for judgment for restitution of the
premises under s. 799.44 (1) or for denial of restitution is appealable as a matter of right under
s. 808.03 (1) within 15 days after the entry of the order for judgment for restitution or for
denial of restitution. An order for judgment for additional causes of action is appealable as a
matter of right under s. 808.03 (1) within 15 days after the entry of the order for judgment for
the additional causes of action. No appeal by a defendant of an order for judgment for
restitution of the premises may stay proceedings on the judgment unless the appellant serves
and files with the notice of appeal an undertaking to the plaintiff, in an amount and with surety
approved by the judge who ordered the entry of judgment. The undertaking shall provide that
the appellant will pay all costs and disbursements of the appeal which may be taxed against the
appellant, obey the order of the appellate court upon the appeal and pay all rent and other
damages accruing to the plaintiff during the pendency of the appeal. Upon service and filing of
this undertaking, all further proceedings in enforcement of the judgment appealed from are
stayed pending the determination of the appeal. Upon service by the appellant of a copy of
the notice and appeal and approved undertaking upon the sheriff holding an issued but
unexecuted writ of restitution or of execution, the sheriff shall promptly cease all further
proceedings pending the determination of the appeal. If the tenant fails to pay rent when due,
or otherwise defaults in the terms of the undertaking, the payment guaranteed by the
undertaking with surety shall be payable immediately to the plaintiff and shall not be held in
escrow by the court. Upon the failure of the tenant to pay rent when due, or upon other
default by the tenant in the terms of the undertaking, the stay of proceedings shall be dismissed
and the sheriff shall immediately execute the writ of restitution.

799.45(1)
(1) When executed. Upon delivery of a writ of restitution to the sheriff, and after payment
to the sheriff of the fee required by s. 814.70 (8), the sheriff shall execute the writ. If the
plaintiff, or the plaintiff's attorney or agent, does not notify the sheriff under sub. (3) (am) that
the plaintiff or his or her agent will remove and store or dispose of the property, the sheriff
may require that prior to the execution of any writ of restitution the plaintiff deposit a
reasonable sum representing the probable cost of removing the defendant's property
chargeable to the plaintiff under s. 814.70 (8) and (10) and of the services of deputies under s.
814.70 (8). In case of dispute as to the amount of the required deposit, the amount of that
deposit shall be determined by the court under s. 814.70 (10).

799.45(2)
(2) How executed; duties of sheriff. In executing the writ of restitution the sheriff shall:

799.45(3)(a)
(a) In accomplishing the removal of property from the premises described in the writ, the
sheriff is authorized to engage the services of a mover or trucker unless the plaintiff notifies the
sheriff under par. (am) that the plaintiff will remove and store or dispose of the property.
 

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