The Wisconsin Petition for Stay of Eviction Based on Defendant's Application for Emergency Assistance (Small Claims) is a legal document used to request a stay of eviction in the state of Wisconsin. The petition must be filed with the court, and must include information such as the name of the petitioner, the name of the landlord, the address of the property, and details of the emergency assistance application. The petition must also explain why the stay of eviction should be granted. If granted, the stay of eviction will suspend the eviction process until the court makes a final decision on the emergency assistance application. There are two types of Wisconsin Petition for Stay of Eviction Based on Defendant's Application for Emergency Assistance (Small Claims): 1) Temporary Stay of Eviction, and 2) Permanent Stay of Eviction. A Temporary Stay of Eviction lasts for up to three months and suspends the eviction process until a final decision is made regarding the emergency assistance application. A Permanent Stay of Eviction suspends the eviction process indefinitely until the court makes a final decision.
Wisconsin Petition for Stay of Eviction Based on Defendant's Application for Emergency Assistance (Small Claims)
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How to fill out Wisconsin Petition For Stay Of Eviction Based On Defendant's Application For Emergency Assistance (Small Claims)?
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FAQ
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.
Replevin, on the other hand, is a legal principle through which a person can recover possession of specific personal property that has been wrongfully taken or detained by another person. Likewise, replevin principle is not a tort but it can arise from the tort.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
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.
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.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.
Writ of Assistance (Wisconsin Statutes 815.63 & 815.11) A Writ of Assistance is an order of the court requiring the Sheriff or his designee to immediately remove the defendant and property from the premises described in the writ, and return possession of the premises to the plaintiff.
If you failed to appear for your scheduled small claims court date: if you are the defendant a judgment may be entered against you; if you are the plaintiff, your case may have been dismissed. Generally, you may file a motion to reopen the case within 12 months of the judgment.