A Wisconsin Affidavit of Service (Eviction) is a legal document that is used to provide proof that a notice of eviction has been properly served to a tenant. This document is usually signed by the individual who served the notice and is used to verify that the tenant has been given the proper notice to vacate the premises. There are two types of Wisconsin Affidavit of Service (Eviction): a Voluntary Eviction Affidavit and a Mandatory Eviction Affidavit. The Voluntary Eviction Affidavit is used when a tenant voluntarily leaves the property after being provided a notice of eviction. The Mandatory Eviction Affidavit is used when a tenant is forcibly removed from the property after being served a notice of eviction. The Affidavit of Service must include the date and time of service, a description of the documents served, the name of the tenant, the address of the property, and the name and address of the individual who served the notice.
Wisconsin Affidavit of Service (Eviction)
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FAQ
Wisconsin state law dictates that a tenant must vacate the property within 10 days upon receipt of the Writ of Restitution. In cases that will bring a tenant hardship, they may be granted a stay of execution for a maximum of 30 days.
A Writ of Restitution orders the Sheriff or his designee to remove the defendant from the premises so that the rightful owner may have possession of the same and to satisfy the judgment for costs. The Writ is valid for 30 days after issuance.
(5) A default judgment may be rendered against any party who has appeared in the action but who fails to appear at trial. If proof of any fact is necessary for the court to render judgment, the court shall receive the proof.
Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin your action. List your name as the plaintiff. You are the person filing the lawsuit.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
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.
This affidavit is a notarized testimony signed by the server that details the time, date, manner of service, identity of the person served and other details of the job.
Replevins are small claims actions seeking the return of movable property (not real estate or money). The property claimed does not exceed $5,000 or, for return of property that was the subject of a lease or credit from a dealer, does not exceed $25,000.