A friend of mine who is an employee at the courthouse and does much work in small claims court, and more specifically eviction court, forwarded to my attention earlier today a copy of a notice that will soon be posted in Room 400 (Eviction Court) and Room 104 (Clerk of Courts) of the Milwaukee County Courthouse.
The notice addresses the issues of who may sign an eviction summons and complaint and who may appear in court on an eviction lawsuit.
The notice that will be posted reads as follows:
_____________________
PLEASE NOTE
In Small Claims Eviction cases, you may only sign complaints and appear in court on behalf of a property owner if you are one of the following:
- The property owner (if the property is not owned by a corporation/limited liability corporation)
- A full time employee of the property owner
- An attorney
Employees of management companies or other outside service providers may not sign complaints or appear on behalf of property owners
__________________
If this notice is going to be posted then it appears as if the clerks, court commissioners and judges will be dismissing eviction lawsuits that violate the above notice.
To read my earlier posts on these topics just click here and here.
#1 by Lisa Mathews on September 28th, 2009
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Hello, I recently went to court for an eviction from a landlord who reminded you of norman bates yes he was. It was not good I have to return to court for a 2nd cause to discuss money. I moved out of the house before the date that the commissioner gave me to be out. My question is will this
eviction still show up on my credit report even though i moved prior to the sheriff being called out?
#2 by Tristan R. Pettit, Esq. on September 28th, 2009
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Lisa – Thanks for your question. If the court commissioner granted the landlord a writ then you will have an eviction judgment on your record. Oftentimes the court will grant a writ of restitution (eviction judgment) but “stay” the writ for a period of time to allow you additional time to move out. According to Wisconsin law the court cannot “stay” the writ to give you additional time to vacate unless you pay rent to the landlrod for that additional time. Nonetheless, courts often ignore this requirement and grant tenants additional time to move. A landlord cannot take a “stayed” writ to the Sheriff for execution. So by allowing you this additional time the court gave you the opportunity to move out without being forcibly removed by the Sheriff.
Having said that, even if you vacate before the court tells you to (and before the “stay” expires) the court still granted the landlord a judgment of eviction against you. So yes, you most likely will have an eviction judgment.
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