Archive for category Chapter 799

Milwaukee County to Post Notice on Who Can File and Appear in Court on Eviction Actions

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:

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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 

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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.

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WHO MAY BRING AN EVICTION LAWSUIT

§799.40 of the Wisconsin Statutes states that an eviction action may be commenced by a “person entitled to possession of the property.” This law has often been ignored and many eviction lawsuits have been brought in the name of someone other than the owner of the property. Oftentimes a management company is named as the plaintiff rather than the actual owner of the property. Read the rest of this entry »

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NEW PUBLISHED CASE ON EMERGENCY ASSISTANCE STAYS

We will soon have a published Wisconsin Court of Appeals decision on the issue of emergency assistance stays in eviction actions that will assist us as landlords in removing the non-paying tenant. Read the rest of this entry »

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