who has control?

[vvmb]

In a court order eviction (Wisconsin), who has control over how soon the tenant moves out? Can the lanlord extend the time to the end of the month before papers are served?

 

[djdj]

The landlord extending time to move.....haha thats funny,

NO its up to the judge, I think the landlord would be in contempt of a court order if he tried and stop a marshall from tossing her out.

I just think he said that to make her suffer as much as he has...remember she is a BUM,a jerk, and has no money,and the landlord is out quite a lot of money aggrivation damages to the apartment, over this loser, and probably will NEVER EVER see a dime... unless he attaches her paycheck, but with kids how much will he really get?

so why not make her life even worse by giving her HOPE!

 

[djdj]

State laws are pretty uniform in this country.....

She can go to the court house in the morning with ALL of the money owed and the judge can issue a stay of eviction.

I outlined the section:




799.44(1)
(1) Order for judgment. In an eviction action, if the court finds that the plaintiff is entitled to
possession, the order for judgment shall be for the restitution of the premises to the plaintiff
and, if an additional cause of action is joined under s. 799.40 (2) and plaintiff prevails thereon,
for such other relief as the court orders. Judgment shall be entered accordingly as provided in
s. 799.24.

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 theappellant, 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.

 

[LL]

California requires a deposit to the court, not just an undertaking. What is an undertaking from this defendant worth?

 

[djdj]

What this all means is if she has a lot of money right this minute, she can stay the eviction

She has to pay court costs and filing fees, all the judgement, and all current rent, then the eviction is stayed UNTIL the appeal is heard in court OR she doesnt pay the rent again...

 

[LL]

That's not what I read in your posting, dj.

It says, no stay "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 theappellant, 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."

This means a PROMISE to pay, which is worthless in case of an appellant who doesn't have enough money to have paid the rent in the first place.

California is more realistic. The court wants CASH.

 

[djdj]

Well yes it is up to the judge, if she files an appeal within 15 days, he could stay the proceedings on a promise to pay, or pay a partial amount....

But unless there is some overiding reason, such as a lot of health code or zoning violations, or yes in most states if she has applied for welfare,BEFORE she is evicted, it can be stayed until the outcome.

But realy judges 99% of the time they want all the cash up front because it is a judgment, and the landlord DID WIN... and then the promise to pay all the current rent, but break the promise the landlord can go back to the judge who can issue an immediate eviction to be given the sheriff, viola out in 2 or 3 days!

[Edited by djdj on 02-15-2001 at 11:43 AM]

 

[LL]

The undertaking has to include surety approved by the judge who ordered the entry of judgment. But if the judge approves anything less than full payment, he is taking away a fundamental right of the landlord, and I would fight it bitterly.

Remember, the purpose here is not to gain extra time for the tenant being evicted. The purpose of the surety is to guarantee payment to the landlord in the event that the appeal is not sustained, including the costs of the appeal to landlord, attorney fees and other costs, which in the case of an appeal can be very substantial.

In the event of a tenant who only appeals in order to gain more time and has no money anyway, an undertaking without full guarantee, unpaid rent plus all possible costs, is worthless, and should be treated by the court as such.

 

[djdj]

I fully agree......but you know there are always ONE in the bunch...even judges who just might bend a little too much on this since he has by law been given the legal authority to do so.