reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.30 - Undertaking by intervenor; procedure.

779.30
Undertaking by intervenor; procedure.
The filing of an affidavit under s. 779.29 shall not stay execution unless the intervenor files an undertaking, with 2 or more sureties, who shall each justify in a sum equal to double the amount of the judgment, conditioned that if the plaintiff establishes the right to a lien on the property they will pay the amount of judgment in the plaintiff's favor with costs; the undertaking shall be approved by the judge of the court; and upon filing it all proceedings upon the judgment shall be stayed during the pendency of the proceedings. If execution has been previously issued the same shall, upon presenting to the officer in whose custody it may be a certified copy of the affidavit and undertaking, be returned, and all property in which the intervenor claims an interest that may have been levied upon shall be released from the levy. If upon the trial the plaintiff recovers judgment of lien upon this property the judgment may be entered against the intervenor and sureties; but if the plaintiff does not establish the right to a lien the intervenor shall recover judgment for costs.
History:  1979 c. 32 ss. 57, 92 (9); 1979 c. 176; Stats. 1979 s. 779.30; 1983 a. 219.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.31 - Cook's lien.

779.31
Cook's lien.
The person who prepares or serves the food for persons while they are performing lienable services upon any property mentioned in s. 779.18, at the request of their employer shall have the right of lien therefor the same as those persons.
History:  1975 c. 94 s. 91 (9); 1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.31.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.35 - Mining liens.

779.35
Mining liens.
Any person who performs any labor or services for any employer engaged in or organized for the purpose of mining, smelting or manufacturing ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for that labor, issued or drawn by the employer, shall have a lien for the wages due in the amount due on the draft, check or order. The lien shall be upon all of the personal property connected with the mining, smelting or manufacturing industry belonging to the employer, including the ores or products of the mine or manufactory, and, subject to s. 779.36 (2), all of the employer's interest in any real estate connected with the mining, smelting or manufacturing business. The lien under this section shall take precedence of all other debts, judgments, decrees, liens or mortgages against the employer, except liens accruing for taxes, fines or penalties and liens under ss. 292.31 (8) (i) and 292.81, subject to the exceptions and limitations contained in this subchapter.
History:  1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.35; 1993 a. 453; 1995 a. 227; 1997 a. 27, 254.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.36 - Extent of lien; filing claim.

779.36
Extent of lien; filing claim.
(1)
Subject to sub. (2), the lien under s. 779.35 extends only to the amount of the interest in the real property held by the employer. In case of the employer's death or insolvency, or of the sale or transfer of the employer's interest in the works, mines, manufactories or business, all moneys that may be due for wages to any miner, mechanic or laborer shall be a lien upon all of the property and shall be preferred and first paid out of the proceeds of the sale.
(2)
No claim for wages shall be a lien under s. 779.35 upon any real estate unless the claim is filed in the office of the clerk of the circuit court of the county in which the real estate, upon which a lien is claimed, is situated. The claim shall be filed within 60 days after the draft, time check or order upon which the claim is founded is due and payable, in the manner that claims for mechanics' liens are required to be filed.
History:  1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.36; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.37 - Satisfaction of lien.

779.37
Satisfaction of lien.
If an attachment, execution or similar writ shall be issued against any employer engaged in a business described in s. 779.35, any miner, laborer, mechanic or other person who is entitled to claim a lien under s. 779.35 may give notice in writing of the lien claim and the amount of the lien claimed, verified by affidavit, to the officer holding the writ at any time before the actual sale of the property that is subject to the writ. The officer shall retain out of the sale proceeds a sufficient sum to satisfy all lien claims, which sum shall be held by the officer, subject to the order of the circuit court.
History:  1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.37; 1993 a. 486; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.38 - Effect of mortgage.

779.38
Effect of mortgage.
No mortgage or other instrument by which a lien is created shall operate to impair or postpone the lien and preference given and secured to the wages and moneys mentioned in s. 779.35; provided, that no lien of any mortgage or judgment entered before such labor is performed shall be affected or impaired by such lien.
History:  1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.38.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.39 - Foreclosure of lien.

779.39
Foreclosure of lien.
The liens and preferences given by ss. 779.35 to 779.38 may be foreclosed in the same manner as mechanics' liens, and all provisions of these statutes relating to the foreclosure thereof shall apply to the foreclosure of the liens so given, so far as such provisions are applicable.
History:  1979 c. 32 ss. 57, 92 (9); Stats. 1979 s. 779.39.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.40 - Liens for labor in quarry.

779.40
Liens for labor in quarry.
(1)
Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under ss. 292.31 (8) (i) and 292.81.
(2)
The wages shall become a lien upon the property and material mentioned in this section upon filing with the clerk of the circuit court of the county in which the labor is performed within 60 days after the first of the services shall be rendered, a petition signed by the claimant and verified in behalf of or by the claimant under oath, setting forth the nature of the debt for which the lien is claimed, the amount claimed, a description of the property upon which the lien is claimed and that the petitioner claims a lien thereon pursuant to law. The clerk shall receive the fee prescribed in s. 814.61 (5) for filing the petition.
(3)
The provisions of ss. 779.20 and 779.21 shall govern the foreclosure of the liens here given so far as such provisions are applicable.
History:  1979 c. 32 ss. 57, 92 (9); 1979 c. 176; Stats. 1979 s. 779.40; 1981 c. 317; 1993 a. 453; 1995 a. 225, 227; 1997 a. 27, 35, 252.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.42 - Obtaining mechanic's services by misrepresentation of interest in personal property.

779.42
Obtaining mechanic's services by misrepresentation of interest in personal property.
Any person who, for the purpose of inducing any mechanic, or keeper of a garage or shop, or the employer of a mechanic to transport, make, alter, repair or do any work on any personal property, makes any misrepresentation as to the nature or extent of the person's interest in said property or as to any lien upon said property shall be fined not more than $200 or imprisoned not more than 6 months or both.
History:  1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.42.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.44 - Liens of consignees.

779.44
Liens of consignees.
Every consignee of property shall have a lien thereon for any money advanced or negotiable security given by the consignee to or for the use of the person in whose name the shipment of such property is made, and for any money or negotiable security received by such person for personal use unless the consignee shall, before advancing any such money, or giving such security, or before it is so received for personal use, have notice that such person is not the actual owner thereof.
History:  1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.44.
A consignment need not be for the purpose of sale. A tender of the amount due must be made and is not waived merely by an excessive demand for payment made in good faith and in ignorance of the scope of the lien. Power Transmission Equipment Corp. v. Beloit Corp., 55 Wis. 2d 540, 201 N.W.2d 13 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.45 - Liens of factors, brokers, etc.

779.45
Liens of factors, brokers, etc.
Every factor, broker or other agent entrusted by the owner with the possession of any bill of lading, customhouse permit, warehouse receipt or other evidence of the title to personal property, or with the possession of personal property for the purpose of sale or as security for any advances made or liability incurred by the factor, broker or agent in reference to such property, shall have a lien upon such personal property for all such advances, liability incurred or commissions or other moneys due for services as such factor, broker or agent, and may retain the possession of such property until such advances, commissions or moneys are paid or such liability is discharged.
History:  1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.45.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.46 - Jeweler's lien.

779.46
Jeweler's lien.
Every jeweler, watchmaker or silversmith who shall do any work on any article at the request of the owner or legal possessor of such property, shall have a lien upon and may retain the possession of such article until the charges for alteration, repair or other work have been paid.
History:  1979 c. 32 s. 57; Stats. 1979 s. 779.46.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.47 - Plastics fabricator's lien.

779.47
Plastics fabricator's lien.
(1)
Definitions. In this section:
(a)
“Plastics fabricator" means a person who uses toolings to fabricate or manufacture plastic products or a person who makes or provides toolings for use in the fabrication or manufacture of plastic products.
(b)
“Toolings" includes masters, models, patterns, tools, dies, molds, jigs, fixtures, forms and designs that are used in the fabrication or manufacture of plastic products.
(2)
Lien. Subject to sub. (2m), a plastics fabricator shall have a lien on all toolings and plastic products in the plastics fabricator's possession that belong to the customer for the amount owed the plastics fabricator by the customer for toolings or for plastics fabrication processing or work. The plastics fabricator may retain possession of the toolings until the amount owed is paid or satisfied.
(2m)
Attachment and perfection. A lien under sub. (2) attaches and is perfected 30 days after the date on which plastic products are delivered to the customer unless the customer notifies the plastics fabricator within that time period that the products failed to meet an approved quality control plan, the products deviated from approved samples or the products deviated from previously accepted parts and the customer returns the products within 60 days after the date on which the products are delivered to the customer.
(3)
Priority. A lien under sub. (2) does not take priority over an existing perfected security interest.
History:  1993 a. 328.
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.48 - Enforcement.

779.48
Enforcement.
(1)
Every person given a lien by ss. 779.43 to 779.46, except s. 779.43 (3), or as bailee for hire, carrier, warehouse keeper or pawnee or otherwise, by common law, may, in case the claim remain unpaid for 3 months and the value of the property affected thereby does not exceed $100, sell such property at public auction and apply the proceeds of such sale to the claim and the expenses of such sale. Notice in writing, of the time and place of the sale and of the amount claimed to be due shall be given to the owner of such property personally or by leaving the same at the owner's place of abode, if a resident of this state, and if not, by publication thereof, in the county in which such lien accrues, as a class 3 notice, under ch. 985. If such property exceeds in value $100, then such lien may be enforced against the same by action.
(2)
Every person given a lien by ss. 779.41, 779.413, and 779.43 (3) may in case the claim remains unpaid for 2 months after the debt is incurred, and a person given a lien under s. 779.47 (2) may if the claim remains unpaid 90 days after the lien is perfected, enforce such lien by sale of the property substantially in conformity with subch. VI of ch. 409 and the lien claimant shall have the rights and duties of a secured party thereunder. When such sections are applied to the enforcement of such lien the word debtor or equivalent when used therein shall be deemed to refer to the owner of the property and any other person having an interest shown by instrument filed as required by law or shown in the records of the department of transportation, and the word indebtedness or equivalent shall include all claims upon which such lien is based.
History:  1977 c. 29 s. 1654 (7) (b); 1979 c. 32 ss. 57, 92 (9); 1979 c. 176; Stats. 1979 s. 779.48; 1983 a. 500 s. 43; 1993 a. 328; 2001 a. 10; 2005 a. 336; 2019 a. 103.
Discussing requirements of a common law lien. Even though some of the goods are returned, the lien may exist on the balance retained for the whole amount due. Moynihan Associates, Inc. v. Hanisch, 56 Wis. 2d 185, 201 N.W.2d 534 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 779 - Liens. › 779.49 - Lien of owner of breeding animal or methods.

779.49
Lien of owner of breeding animal or methods.
(1)
(a)
Except as provided in par. (b), every owner of a stallion, jackass or bull, or semen from a stallion, jackass or bull, kept and used for breeding purposes shall have a lien upon any dam served and upon any offspring gotten by the animal, or by means of artificial insemination for the sum stipulated to be paid for the service of the dam. The owner of the stallion, jackass or bull, used to service, or semen used to artificially inseminate, the dam may seize and take possession of the dam and offspring or either without process at any time before the offspring is one year old, in case the price agreed upon for the service remains unpaid, and sell the offspring at public auction. The sale of the offspring shall be upon 10 days' notice, to be posted in at least 3 public places in the town where the service was rendered. The proceeds of the sale shall be applied to the payment of the amount due for the service and the expenses of the seizure and sale. The residue, if any, shall be returned to the party entitled to it.
(b)
No lien given under this subsection shall be effective for any purpose against an innocent purchaser or mortgagee of the offspring or the dam of the offspring for value unless the owner having a claim for the service records with the register of deeds of the county where the owner of the dam served resides a statement showing that the service has been rendered and the amount due for the service.
(2)
Any person who sells, disposes of or gives a mortgage upon any dam which to the person's knowledge has been served by a stallion, jackass or bull, or artificially inseminated with semen owned by another, the fee for which has not been paid, and who has not given written information to the purchaser or mortgagee of the fact of the service or artificial insemination, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $10 or imprisoned for not more than 60 days.
History:  1979 c. 32 s. 57; 1979 c. 176; Stats. 1979 s. 779.49; 1993 a. 301; 1997 a. 254.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Wisconsin Statutes & Annotations › Chapter 780 - Liens against vessels. › 780.06 - Attachment, what to direct.

780.06
Attachment, what to direct.
Such writ of attachment, when issued by the circuit court, shall command the officer to whom the same is directed to attach and safely keep the ship, boat or vessel named or described in the affidavit, its tackle, apparel and furniture, if to be found within the officer's county, to satisfy the plaintiff's demand, with costs and expenses. The issuing of such writ of attachment shall not exclude the right to an attachment against the other property of the defendant under ch. 811.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218; 1979 c. 32 s. 58; Stats. 1979 s. 780.06; 1989 a. 359.
2023 Wisconsin Statutes & Annotations › Chapter 780 - Liens against vessels. › 780.09 - Vessel, how released.

780.09
Vessel, how released.
(1)
Whenever any ship, boat or vessel, or its tackle, apparel or furniture, has been seized by virtue of any attachment issued under this chapter the defendant or any other person in the defendant's behalf may file with the court that issued the attachment, at any time before a final judgment, an undertaking with at least 2 sureties, to the effect that the defendant will pay to the plaintiff on demand any judgment that may be rendered in the plaintiff's favor, not exceeding double the amount claimed by the plaintiff in the affidavit.
(2)
Such undertaking shall be of no effect unless accompanied by the affidavit of the sureties, in which each surety shall state that the surety is worth a certain sum, mentioned in the affidavit, over and above all debts and liabilities, in property within this state, not by law exempt from execution, and which sum sworn to by the sureties shall, in the aggregate, amount to the sum specified in the undertaking; and the sureties shall, upon notice, justify in like manner as upon bail or arrest. Upon filing the undertaking the clerk of the court shall make an order discharging the property attached, and upon delivery to the officer having the ship, boat or vessel in custody of a certified copy of such order the officer shall deliver the property attached to the person obtaining such order.
History:  1979 c. 32 s. 58; 1979 c. 176; Stats. 1979 s. 780.09; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 780 - Liens against vessels. › 780.10 - Findings and judgment; execution.

780.10
Findings and judgment; execution.
In all actions under this chapter, unless the defendant or someone in the defendant's behalf shall have given the undertaking prescribed in s. 780.09, the court or jury who shall try the same or make an assessment of damages therein shall find whether or not such debt or damages are due for or accrued or arose out of or upon any of the causes mentioned in s. 780.01, and specify such cause and the date when the same became due or accrued in the verdict or finding. If such court or jury shall find that such debt or damages are for any of the causes specified in s. 780.01 and that the defendant is liable to the plaintiff therefor then the court shall render judgment accordingly, and that the amount of such debt or damages so found, together with the costs, charges and disbursements, are a lien upon such ship, boat or vessel to the extent of the interest of the defendant therein at the time the same became due or accrued or at any time thereafter, and the execution issued thereon may, in addition to the directions contained in other executions against the property of a defendant, direct that such interest of the defendant in such ship, boat or vessel, its tackle, apparel and furniture be sold to satisfy such judgment, and the same shall be sold accordingly; but if the court or jury shall find that the amount due the plaintiff for such debt or damages is not for any of the causes mentioned in s. 780.01 or if the defendant shall have given such undertaking the plaintiff shall only be entitled to judgment as in other civil actions.
History:  1979 c. 32 ss. 58, 92 (10); 1979 c. 176; Stats. 1979 s. 780.10; 1981 c. 390 s. 252; 1989 a. 359.
2023 Wisconsin Statutes & Annotations › Chapter 781 - Extraordinary remedies. › 781.01 - Extraordinary remedy as final judgment or provisional remedy.

781.01
Extraordinary remedy as final judgment or provisional remedy.
The remedy available by a writ of mandamus, prohibition, quo warranto, certiorari or habeas corpus may be granted by the final judgment or allowed as a provisional remedy in an action or proceeding. The use of a writ is not necessary. This section does not alter the nature of any extraordinary remedy or the scope of the proceedings, including without limitation the relief available, discovery, the availability of jury trial and the burden of proof.
History:  1981 c. 289.
Judicial Council Note, 1981: This section renders the use of the writ procedure unnecessary. It makes the remedy available by one of the extraordinary writs also available by a final judgment or a provisional remedy in an ordinary action in circuit court. This section follows the approach taken in s. 813.01, stats., by which the injunction remedy was made available in an ordinary action, and in s. 809.01 (1), stats., by which the writ of error procedure was made the same as the procedure for appeals. [Bill 613-A]
2023 Wisconsin Statutes & Annotations › Chapter 781 - Extraordinary remedies. › 781.02 - Temporary relief.

781.02
Temporary relief.
A plaintiff in an action or proceeding seeking an extraordinary remedy may request, by motion, temporary relief pending disposition of the action or proceeding. Procedure on the motion is governed by s. 801.15 (4) unless the plaintiff establishes that an emergency exists, in which event the court may rule on the motion ex parte.
History:  1981 c. 289; 1989 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 781 - Extraordinary remedies. › 781.03 - Transmittal of record.

781.03
Transmittal of record.
(1)
In an action or proceeding seeking an extraordinary remedy for which a record must be reviewed, the defendant shall cause the record to be transmitted to the clerk of court in which the action or proceeding is pending or shall give notice of the pendency of the action to the person in possession of the record. The person in possession of the record shall transmit the record to the clerk upon receipt of the notice.
(2)
If the party seeking the extraordinary remedy is incarcerated, whoever transmits the record to the clerk shall forthwith provide a copy of the record so transmitted to the incarcerated party, except as such transmittal may be limited by the court upon motion for good cause. If the incarcerated party is represented by an attorney in the matter, the copy of the record shall be provided to the attorney rather than the incarcerated party. The cost of preparing and forwarding the copy shall not be taxed against a petitioner who has filed and received approval of an affidavit under s. 814.29 (1).
History:  1981 c. 289; Sup. Ct. Order, 149 Wis. 2d xv (1989).
Judicial Council Note, 1981: This rule will be used most often in a certiorari action in which a proceeding in an inferior tribunal or body is reviewed on the record. It puts the ultimate responsibility for transmitting the record on the person in possession of the record. [Bill 613-A]
Judicial Council Note, 1989: Sub. (2) requires that a copy of the record be furnished to incarcerated persons because they cannot examine it at the courthouse. If prisoners have filed affidavits of indigency, the cost of compliance cannot be taxed against them. [Re Order effective 7-1-89]