reglab/housing_qa huggingface dataset:
WI Stat § 779.50 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.50 - Lien for threshing, husking, baling; enforcement.

779.50  Lien for threshing, husking, baling; enforcement. (1) (a) Every person who threshes grain, cuts, shreds, husks or shells corn or bales hay or straw by machine for another shall have a lien upon the grain, corn, hay or straw for the value of the services to the extent that the person contracting for the services has an interest in the grain, corn, hay or straw, from the date of the commencement of the service.(b) The lien given under par. (a) may be foreclosed at any time within 6 months from the date of the last charge for the services described in par. (a) as long as the charges remain unpaid. For the purpose of foreclosing the lien, the lien claimant may take possession of so much of the grain, corn, hay or straw as shall be necessary to pay for the services and the expenses of enforcing the lien, for the services, and sell the grain, corn, hay or straw at public auction. The auction shall be held upon notice of not less than 10 nor more than 15 days from the date of the seizure of the grain, corn, hay or straw under this paragraph. (2) Notice of such sale shall be given personally and by posting in at least three public places in the town where the debtor resides, and also in the town where such sale is to be made; and if such debtor is a nonresident of the state, in the town where such grain, corn, hay or straw, or some part thereof, was threshed, cut, husked, shelled or baled, and apply the proceeds of such sale to the payment of such service, together with the expenses of such seizure and sale, returning the residue to the party entitled thereto. (3) The lien created by this section shall be preferred to all other liens and encumbrances, but does not apply to an innocent purchaser for value unless such lien is recorded in the office of the register of deeds of the county where the services were performed within 15 days from the date of the completion of such service. (4) The costs and expenses of seizure and sale under this section shall be as follows:(a) For seizing grain, corn, hay or straw, 50 cents.(b) For posting each notice, 12 cents.(c) For serving each notice of sale, 25 cents.(d) For every copy of a notice of sale delivered on request, 12 cents.(e) For each mile actually traveled, going and returning to serve any notice; or to give or post notices of sale, 10 cents.(f) For conducting the sale of the grain, corn, hay or straw, 50 cents.(g) For collecting and paying over all sums upon the sale, 5 percent of the sums collected or $10, whichever is less.(h) All necessary expenses incurred in taking possession of and preserving any grain, corn, hay or straw.History:  1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.50; 1993 a. 301; 1997 a. 254; 2007 a. 96.Sub. (1) (b) does not state that an agricultural lien is extinguished or terminated if the lienholder chooses not to foreclose within six months of the date of the last charge. This section provides for a permissive foreclosure process. CHS Capital, LLC v. Hellenbrand Farms, LLC, 420 F. Supp. 3d 872 (2019).
WI Stat § 779.85 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.85 - Definitions.

779.85  Definitions. In ss. 779.85 to 779.94: (1) “Creditor" has the meaning set forth in s. 421.301 (16). (2) “Customer" means a person who seeks or acquires maintenance on behalf of himself or herself or another person for personal, family, household or agricultural purposes. (3) “Goods" has the meaning set forth in s. 402.105 (1) (c) except that this term does not include a “motor vehicle" as defined in s. 218.0101 (22).  (4) “Maintenance" means any repair or other services to be performed on goods after the goods have been initially delivered to the premises designated by a customer following its sale, but this term does not include installation, set up charges or delivery charges. (5) “Prepaid maintenance agreement" means any agreement in which a customer agrees to make prepayment for maintenance to be performed by a seller. (6) “Prepayment" means any full or partial payment received by a seller or an obligation incurred by a customer to a creditor or to a seller or to a seller's assignee for maintenance to be performed by a seller if payment is made before the maintenance is rendered or received. This term does not include prepayment for maintenance under an insurance policy. Except with regard to a warranty under s. 101.953, this term does not include prepayment for maintenance to be provided under a manufacturer's warranty on goods or maintenance unless there is a prepayment made for maintenance to be rendered under the warranty separate from the payment for the goods themselves. (7) “Regulated prepaid maintenance agreement" means a prepaid maintenance agreement meeting the following requirements:(a) The total prepayment exceeds $100; and(b) The total period during which the seller is obligated to provide maintenance exceeds one year whether the obligation is initially for more than one year or is extended or renewed beyond one year.History:  1977 c. 296; 1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.85; 1983 a. 189 s. 329 (24), (30); 1999 a. 9, 31.
WI Stat § 779.86 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.86 - Records.

779.86  Records. A seller shall retain records for 60 days following completion of the time period for which prepaid maintenance is to be performed under a prepaid maintenance agreement including but not limited to records showing the amount of prepayment, the period for which maintenance is to be performed, all contracts relating to such maintenance and all records pertaining to the escrow account or bond required under s. 779.87.History:  1977 c. 296; 1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.86.
WI Stat § 779.87 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.87 - Escrow account or bond requirement.

779.87  Escrow account or bond requirement. (1) Requirement. A seller who enters a regulated prepaid maintenance agreement shall either maintain an escrow account or maintain a bond. (2)  Escrow account. (a)  Surety. If a seller maintains an escrow account, all proceeds received under any regulated prepaid maintenance agreement shall be deposited in the escrow account for the benefit of any customer who suffers a loss of prepayments for maintenance due to the bankruptcy or cessation of business by the seller.(b)  Not to be commingled. The seller shall not commingle the proceeds received under a regulated prepaid maintenance agreement with any other funds and any other funds which are commingled become a part of and shall be deposited in the escrow account. The seller may aggregate the proceeds received under several prepaid maintenance agreements in one escrow account.(c)  Interest. The seller may withdraw and retain for his or her own use any interest payments received on the escrow account.(d)  Not to be used prior to discharge. The seller may not withdraw or use the proceeds received under a regulated prepaid maintenance agreement which are deposited in an escrow account prior to the discharge of the prepaid maintenance lien under s. 779.91.(e)  Not subject to attachment. Until all prepaid maintenance liens are discharged, the escrow account is not subject to garnishment, execution, levy, attachment or foreclosure except as provided under s. 779.92. (3)  Bond. (a)  Surety. If a seller maintains a bond, it shall be issued by a surety company licensed to do business in this state.(b)  Amount; filed. The principal sum of the bond shall be $25,000 at all times. A copy of the bond shall be filed with the department of financial institutions.(c)  For benefit of customer. The bond shall be in favor of the state for the benefit of any customer who suffers a loss of prepayments for maintenance due to the bankruptcy or cessation of business by the seller. Any customer claiming against the bond may maintain an action against the seller and the surety.(d)  Surety's obligation. If the seller fails to perform maintenance under a regulated prepaid maintenance agreement, the surety shall either perform or procure the performance of that maintenance or pay the customer the amount of the prepayment made under the agreement.(e)  No lien. If a seller maintains a bond under this subsection, a customer does not have a prepaid maintenance lien under s. 779.88.History:  1977 c. 296; 1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.87; 1995 a. 27.
WI Stat § 779.88 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.88 - Prepaid maintenance lien.

779.88  Prepaid maintenance lien. Except as provided under s. 779.87 (3), a customer who makes a prepayment under a regulated prepaid maintenance agreement has a lien designated as a prepaid maintenance lien in the amount of the prepayment on all the proceeds contained in the escrow account, including all after acquired proceeds. This lien is preferred to all other liens, security interests and claims on such proceeds except other prepaid maintenance liens which attached at an earlier time.History:  1977 c. 296; 1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.88.
WI Stat § 779.89 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.89 - Attachment and preservation.

779.89  Attachment and preservation. All prepaid maintenance liens attach at the time of the first prepayment and shall be preserved from the time the lien attaches. It is not necessary to file or record any notice of the lien in order to preserve or perfect the lien although a customer may file this lien in the manner prescribed for perfecting liens under subch. III of ch. 409 regarding debtors who are located in this state. History:  1977 c. 296; 1979 c. 32 s. 57; Stats. 1979 s. 779.89; 2001 a. 10.
WI Stat § 779.90 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.90 - Notice of existence of lien.

779.90  Notice of existence of lien. A person is deemed to have notice of a prepaid maintenance lien if: (1) That person has actual knowledge or reason to know that the lien exists on the seller's property; (2) That person has reason to know that the seller regularly demands or accepts prepayments for maintenance; (3) The seller engages in a type of business that generally requests or demands prepayment for maintenance; or (4) The lien was filed as permitted in s. 779.89.History:  1977 c. 296; 1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.90.
WI Stat § 779.91 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.91 - Discharge of lien.

779.91  Discharge of lien. (1) A prepaid maintenance lien is discharged by:(a) Returning the amount of the prepayment to the customer who made the prepayment;(b) The expiration of the time period for the performance of all contract or other obligations secured by the prepayment; or(c) Lapse of the right to maintain an action. (2) Upon discharge of a prepaid maintenance lien, any customer who filed the lien as permitted in s. 779.89 is subject to the requirements of s. 409.513.History:  1977 c. 296; 1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.91; 2001 a. 10.
WI Stat § 779.92 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.92 - Enforceability of lien.

779.92  Enforceability of lien. A prepaid maintenance lien is enforceable from the time it attaches until it is discharged. Any enforcement and foreclosure of a prepaid maintenance lien shall be in one civil action and shall be against the proceeds of the escrow account.History:  1977 c. 296; 1979 c. 32 s. 57; Stats. 1979 s. 779.92.
WI Stat § 779.93 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.93 - Duties of the department of agriculture, trade and consumer protection.

779.93  Duties of the department of agriculture, trade and consumer protection. (1) The department of agriculture, trade and consumer protection shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. (2) The department of agriculture, trade and consumer protection may in behalf of the state or in behalf of any person who holds a prepaid maintenance lien:(a) Bring an action in any court of competent jurisdiction to enforce and foreclose a prepaid maintenance lien under s. 779.92.(b) Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this chapter or attempt to circumvent this chapter. The court may in its discretion, prior to the entry of final judgment, award restitution to any customer suffering loss because of violations of this subchapter if proof of that loss is submitted to the satisfaction of the court.(c) Bring an action in any court of competent jurisdiction for recovery of civil forfeitures against any seller who violates this subchapter.History:  1977 c. 296; 1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.93; 1995 a. 27.
WI Stat § 779.94 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.94 - Penalties.

779.94  Penalties. (1) Generally. A person who violates this subchapter shall forfeit not less than $100 nor more than $10,000 for each violation. (2)  Misuse of escrow funds. The use of the proceeds in an escrow account by a seller for any purpose prior to the discharge of the prepaid maintenance lien is theft by the seller and is punishable under s. 943.20. If the seller is a corporation, such misuse is also deemed theft by any officer, director or agent of the corporation responsible for the misappropriation. Any of the misappropriated proceeds which have been received as salary, dividend, loan repayment, capital distribution or otherwise by any shareholder of the corporation not responsible for the misappropriation is a civil liability of the shareholder and may be recovered and restored to the escrow account by action brought by any interested party.History:  1977 c. 296; 1979 c. 32 s. 57; Stats. 1979 s. 779.94.
WI Stat § 779.98 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 779 - Liens.|779.98 - Payment of prior real estate liens.

779.98  Payment of prior real estate liens. (1) Any person having a lien on real estate against which there is a prior lien may pay any or all of the items in sub. (2). The amounts paid shall be added to the payor's lien, with interest from the date of payment at the same rate as when paid, or if no rate was provided for prior to such payment, at the legal rate of interest. Interest on amounts paid for items described in sub. (2) (d) shall be computed at the rate under s. 74.77. All sums so paid shall be collected as a part of and in the same manner as is the lien by virtue of which said payments are made and be entitled to the same priority. (2) The items, any or all of which may be paid under sub. (1), are as follows:(a) Any past due or defaulted principal or interest of a prior lien.(b) Any interest or amortized installment due under a prior lien.(c) Premiums and assessment on insurance policies necessary to protect the security of the lienor making such payments or of any prior lien and authorized under the terms of either such lien.(d) Taxes or special assessments due and unpaid on any realty covered by the lien with interest, penalties and costs.(e) Any portion of a prior lien.(f) Any charge for improvements or any other item authorized by statutes or by the terms of any prior lien. (3) Payments made under sub. (1) shall be proved by the affidavit of the person making the payment or the person's agent or attorney, giving the items paid, the dates when paid and the description of the real estate on which the lien is claimed, shall have priority over any liens which were subsequent to the lien of the person making the payment at the date of such payments, and shall also have priority over any lien filed after such affidavit is recorded with the register of deeds of the county where the land is located. Said payments shall also be prior to any liens filed before the recording of such affidavit if such filing was made with knowledge of such payments. (4) The payments may be made during the period in which any lien is being enforced, or during the redemption period. An affidavit of the payments as provided in sub. (3) may be recorded with the register of deeds, and a copy of the affidavit shall be furnished by the sheriff at least 5 days before the expiration of the redemption period. (5) If the lienor at the time of making such payment has an equal priority with other lienors, and the property securing such liens does not sell for a sufficient sum to pay all liens, the person making such payments shall be repaid the amounts thereof before the other equal lienors receive any share in the proceeds of such sale.History:  1987 a. 378 s. 76; Stats. 1987 s. 779.98; 1987 a. 403; 1993 a. 301, 486.
WI Stat § 780.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 780 - Liens against vessels.|780.01 - Liens against vessels.

780.01  Liens against vessels. Every ship, boat or vessel used in navigating the waters of this state shall be liable for and the claims or demands hereinafter mentioned shall constitute a lien on such ship, boat or vessel, which shall take precedence of all other claims or liens thereon: (1) For all debts contracted by the master, owner, agent or consignee thereof on account of supplies furnished for the use of such ship, boat or vessel, or on account of work done or services rendered on board of such ship, boat or vessel, or on account of labor done or materials furnished by mechanics, tradesmen or others in and for building, repairing, fitting out, furnishing or equipping such ship, boat or vessel, or on account of any indebtedness for insurance effected upon such ship, boat or vessel, the engines, machinery, sails, rigging, tackle, apparel or furniture thereof, against any fire or marine risk. (2) For all sums due for wharfage, towage or anchorage of such ship, boat or vessel within this state. (3) For all demands or damages accruing from the nonperformance or malperformance of any contract of affreightment or any contract touching the transportation of persons or property entered into by the master, agent, owner or consignee of the ship, boat or vessel on which such contract is to be performed. (4) For all damages arising from injuries done to persons or property by such ship, boat or vessel; but no person employed as master, or otherwise, on board of any such ship, boat or vessel to collect or receive freights or passage money shall have any lien as provided in this chapter or be entitled to an action in accordance with its provisions. Such lien may be enforced by proceedings in admiralty or in the cases herein mentioned as prescribed in this chapter. (5) For all arrearages owed by the owner in child support ordered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7) or ch. 767 or 769 or in family support ordered under ch. 767.History:  1979 c. 32 s. 58; 1979 c. 176; Stats. 1979 s. 780.01; 1995 a. 287; 1999 a. 103; 2015 a. 373.
WI Stat § 780.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 780 - Liens against vessels.|780.02 - Receiving note not to waive lien.

780.02  Receiving note not to waive lien. The receiving of the note or other evidence of indebtedness of the owner, master, agent or consignee of such ship, boat or vessel for any such claim or demand shall not affect the right of the party to a lien under this chapter unless expressly received in payment therefor and so specified therein.History:  1979 c. 32 s. 58; 1979 c. 176; Stats. 1979 s. 780.02.
WI Stat § 780.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 780 - Liens against vessels.|780.03 - Owner personally liable.

780.03  Owner personally liable. The owner or owners of any such ship, boat or vessel shall be personally liable for the payment of every debt and for every demand or claim arising under s. 780.01 (1), (2) or (5). Such liability for a debt, demand or claim arising under s. 780.01 (1) or (2) shall not in any way impair or affect the liability that may exist against the master, agent or consignee for the same debt or demand.History:  1979 c. 32 ss. 58, 92 (10); Stats. 1979 s. 780.03; 1995 a. 287.
WI Stat § 780.04 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 780 - Liens against vessels.|780.04 - Attachment; affidavit for.

780.04  Attachment; affidavit for. (1) In all cases where the owner of any ship, boat or vessel is personally liable for any claim mentioned in s. 780.01, the claimant, the claimant's personal representatives or the claimant's assigns may, in an action against the owner of the ship, boat or vessel for the recovery of the claim, have a writ of attachment, by virtue of which all right and title that the owner had in the ship, boat or vessel at the time that the claim accrued or at any time thereafter may be attached to secure the payment of the claim. (2) Before any attachment under this section is issued in any action, the plaintiff or someone in the plaintiff's behalf shall make and file in the action an affidavit stating all of the following:(a) That the defendant in the action is indebted to the plaintiff or has a claim or demand against the plaintiff in a specified amount, over and above all legal set-offs.(b) That the indebtedness owed by the defendant is due for or accrued or arose out of or upon one or more of the causes specified in s. 780.01, specifying the cause.(c) The name of the ship, boat or vessel, if any, and, if not, then a description of the ship, boat or vessel.(d) That the action in which the attachment is applied for was commenced within 12 months after the claimant's debt, demand or claim accrued or became payable. (3) No affidavit, except that required under sub. (2), shall be required for the issuance of an attachment under this section. (4) (a) Except as provided in par. (b) or as otherwise provided in this chapter, the proceedings upon an attachment issued under this section shall be the same as provided in ch. 811.(b) No attachment shall be issued under this section unless the amount claimed in the affidavit filed under sub. (2) exceeds $100.History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1979 c. 32 ss. 58, 92 (10); 1979 c. 176; Stats. 1979 s. 780.04; 1981 c. 390; 1993 a. 486; 1997 a. 254.
WI Stat § 780.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 780 - Liens against vessels.|780.05 - When undertaking not required.

780.05  When undertaking not required. In case the plaintiff's claim arises out of or is founded upon any of the causes under s. 780.01 (1) or (5) the plaintiff shall not be required to give the undertaking required by s. 811.06 unless required so to do by an order of the court or judge; and no such order shall be made unless the defendant or someone in the defendant's behalf shall make an affidavit showing that he or she has a good and valid defense in whole or in part to the claim or demand of the plaintiff, setting forth the nature of the defense; and where the defense is only to a portion of the claim, before any such order shall be made the defendant shall pay or tender to the plaintiff that portion of the claim to which there is no defense; such payment or tender shall not affect the jurisdiction of the court or prevent a recovery by the plaintiff of the same costs, disbursements and charges as the plaintiff would have been entitled to had not the amount of the plaintiff's claim been reduced by such payment. No such order shall be made except upon one day's notice to the plaintiff, accompanied by copies of the affidavits and other papers upon which it is founded.History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218, 422; 1979 c. 32 ss. 58, 92 (10); Stats. 1979 s. 780.05; 1995 a. 287.