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See Wisconsin Judgment Enforcement Law below.
Below are Judgment Enforcement Collection Companies in your state and are here to serve your Judgment Recovery Needs, including asset searches, wage garnishments and bank account locators.
Judgments and Enforcement:
A Judgment issued by a Court in the State of Wisconsin generally is enforceable for a period of twenty (20) years (Sec 893.40). Upon entry in the court's judgment docket, a judgment may become a lien on the real estate of a judgment debtor in the county where the judgment is entered, except homestead property that is exempt from execution under Sec. 815.20, for a period of ten (10) years from the date of entry. (Sec. 806.15.)
Confession of judgment is specifically proscribed under Sec. 806.25 of the Wisconsin Statutes.
A judgment creditor may execute the judgment against the non-exempt real and personal property of the judgment debtor, against the debtor's person, or against delivery of property. (Sec.815.03.) Wage garnishment is permitted, however, the amount of earnings which may be garnished generally may not exceed twenty-five percent (25%) of the debtor's net income for each one week pay period. (Sec. 815.18(3)(h).)
Under the Uniform Enforcement Of Foreign Judgments Act of the State of Wisconsin, a judgment from other states generally is entitled to full faith and credit for the purpose of enforcement. Upon the filing of an authenticated copy of the foreign judgment by a judgment creditor or his attorney, an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor, and the giving of appropriate notice thereof to the debtor at his last known address, the clerk shall enter the foreign judgment and treat it in the same manner as a judgment of the superior court of this state. No execution or enforcement, however, may be issued until fifteen (15) days after the entry of the foreign judgment. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating or staying as a judgment in the Circuit Court of the State of Wisconsin, and may be enforced or satisfied in the like manner. (Sec. 806.24.)
Legal Rate: Five percent (5%) per annum. (Sec. 138.04.)
Judgment Rate: Twelve percent (12%). (Sec. 814.04)
For the purpose of judgment enforcement or in a bankruptcy proceeding, a debtor is generally entitled to certain statutory exemptions under state laws or federal laws, or both. Under the laws of Wisconsin, a homestead consists of the dwelling, including a building, condominium, mobile home, house trailer or cooperative, and so much of the land surrounding it as is reasonably necessary for use as a home, but not less than 0.25 acres, if available, and not exceeding 40 acre, within the limitation as to value under Sec. 815.20, except as to lien attaching or rights of devisees or heirs of person dying before the effective date of any increase of that limitation as to value. (Sec. 990.01(14).) The statutory homestead exemption allowed under Section 815.20 is $40,000.00 per household, except mortgages, laborers', mechanics' and purchase money liens and taxes. (Sec. 815.20.)
Some of the personal property which may be exempt from execution, attachment, and garnishment may include provisions for burial, business and farm property not to exceed $7,500.00, consumer goods not to exceed $5,000.00, federal disability insurance benefits, fire and casualty insurance, unmatured life insurance on the life of the debtor or his dependent with an aggregate interest not to exceed $4,000.00 in value, motor vehicles not to exceed $1,200.00 in aggregate value, life insurance claims, personal injury recovery not to exceed $25,000.00, retirement benefits, and deposit accounts in the aggregate value of $1,000.00. (Sec. 815.18.)
Statutes Of Limitations:
Civil actions generally can be commenced only within certain prescribed period of time. Some of the time limitations which may be of importance to creditors are:
Express or implied contract 6 years Sec. 893.40
Recovery of personal property 6 years Sec. 893.35
Injury to real or personal property 6 years
Fraudulent Transfers 4 years Sec. 893.425
Contract for sale of goods 6 years Sec. 402.725
All other personal actions not prescribed by statute 10 years