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Wisconsin Legislature: AB1140: Bill Text
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AB1140: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0511/1
JK:cjs
2025 ASSEMBLY BILL 1140
March 13, 2026 - Introduced by Representatives
Clancy
,
Anderson
,
Madison
,
Sinicki
and
Stubbs
, cosponsored by Senators
Larson
and
Ratcliff
. Referred to Committee on Housing and Real Estate.
AB1140,1,4
1
An Act
to amend
799.05 (3) (b), 799.05 (7), 799.06 (3) (a), 799.12 (3), 799.16 (4)
2
(c), 799.20 (4), 799.206 (3), 799.21 (3) (a), 799.21 (3) (b), 799.25 (10) (b) and
3
799.27 (1);
to create
799.01 (1) (ag) and 799.47 of the statutes;
relating to:
4
actions for relief from extrajudicial eviction in small claims court.
Analysis by the Legislative Reference Bureau
Under current law, actions for eviction are heard in small claims court. Under this bill, actions brought by a tenant for relief from extrajudicial (also known as “self-help”) evictions may also be heard in small claims court.
Under the bill, a tenant is required to file a summons and complaint in small claims court and serve the summons and complaint on the defendant landlord. The return date must be held between five and 25 days from the date that the summons is issued, which is the same time period for eviction actions. Also, similar to eviction actions, if the defendant appears on the return date and raises a defense, the court or circuit court commissioner hearing the action must hold a trial within 30 days of the return date. The bill also provides that a court hearing an action for relief from extrajudicial eviction may grant a temporary injunction against a landlord or a landlord’s agent that has removed or attempted to removed the tenant or the tenant’s belongings from the premises as part of an extrajudicial eviction.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1140,1
1
Section
1
.
799.01 (1) (ag) of the statutes is created to read:
AB1140,2,3
2
799.01
(1)
(ag)
Extrajudicial evictions.
Actions for relief from extrajudicial
3
evictions as described in s. 799.47.
AB1140,2
4
Section
2
.
799.05 (3) (b) of the statutes is amended to read:
AB1140,2,12
5
799.05
(3)
(b) Except in eviction actions
and actions for relief from
6
extrajudicial evictions
, the return date for a summons served upon a resident of this
7
state shall be not less than 8 days nor more than 30 days from the issue date, and
8
service shall be made not less than 8 days prior to the return date. In eviction
9
actions
and actions for relief from extrajudicial evictions
, the return date for a
10
summons served upon a resident of this state shall be not less than 5 days nor more
11
than 25 days from the issue date, and service shall be made not less than 5 days
12
prior to the return date.
AB1140,3
13
Section
3
.
799.05 (7) of the statutes is amended to read:
AB1140,2,17
14
799.05
(7)
Form; circuit court commissioner.
Except as provided in s.
15
799.22 (4) (b) 3., in counties in which a circuit court commissioner is assigned to
16
assist in small claims matters, the summons shall be substantially in the following
17
form:
AB1140,2,18
18
STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
AB1140,2,19
19
AB1140,3,1
1
A. B.
AB1140,3,2
2
Address
AB1140,3,3
3
City, State Zip Code File No. ....
AB1140,3,4
4
, Plaintiff
AB1140,3,5
5
vs. S U M M O N S (SMALL CLAIMS)
AB1140,3,6
6
C.D.
AB1140,3,7
7
Address
AB1140,3,8
8
City, State Zip Code
AB1140,3,9
9
, Defendant
AB1140,3,10
10
AB1140,3,11
11
THE STATE OF WISCONSIN, to the Defendant:
AB1140,3,12
12
You are being sued for:
AB1140,3,13
13
.... Eviction
AB1140,3,14
14
.... Relief from extrajudicial eviction
AB1140,3,15
15
.... Return of Property
AB1140,3,17
16
.... Confirmation, vacation, modification or correction
17
of arbitration award
AB1140,3,18
18
.... $........
AB1140,3,22
19
If you wish to dispute this matter, you must then be in Room ...., of the ....
20
(County) County Courthouse, .... (address), .... (city), Wisconsin before .... o’clock
21
(a.m.) (p.m.), on ...., .... (year). If you do not appear, a judgment may be given to the
22
person suing you for what that person is asking.
AB1140,4,2
1
You are encouraged to bring with you all papers and documents relating to
2
this matter, but there is no need to bring witnesses at this time.
AB1140,4,3
3
Dated at .... County, Wisconsin, this .... day of ...., .... (year)
AB1140,4,4
4
Signed: .... ....
AB1140,4,5
5
E. F., Clerk of Circuit Court
AB1140,4,6
6
or
AB1140,4,7
7
G. H., Plaintiff’s Attorney
AB1140,4,8
8
State Bar No.: ....
AB1140,4,9
9
Address: ....
AB1140,4,10
10
City, State Zip Code: ....
AB1140,4,11
11
Phone No.: ....
AB1140,4
12
Section
4
.
799.06 (3) (a) of the statutes is amended to read:
AB1140,4,15
13
799.06
(3)
(a) The complaint in an eviction action shall conform to s. 799.41.
14
The complaint in other actions under this chapter shall be in writing and shall be
15
substantially in the following form:
AB1140,4,16
16
STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY
AB1140,4,17
17
AB1140,4,18
18
A. B.
AB1140,4,19
19
Address
AB1140,4,20
20
City, State Zip Code File No. ....
AB1140,4,21
21
, Plaintiff
Down
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