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Petition To Answer Or To Reopen Small Claims Judgment And Order Form. This is a Wisconsin form and can be use in Circuit Court Statewide.
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Tags: Petition To Answer Or To Reopen Small Claims Judgment And Order, SC-511, Wisconsin Statewide, Circuit Court
FORM SUMMARY
______________________________________________________________________________
Name of Forms:
Petition to Answer or to Reopen Small Claims Judgment and
Order (under 799.14(1) only)
Form Number:
SC-511
______________________________________________________________________________
Statutory Reference:
§799.14 (1), Wisconsin Statutes
Purpose of Form:
Used by defendants who claim that actual notice by mail of the
summons and complaint did not occur. The form allows them to petition
for a hearing to either reopen the judgment or get additional time to
answer the complaint.
Who Completes It:
Defendant
Distribution of Form:
Original to court, copies to other parties.
Accompanying Forms:
None
New Form/Modification:
Modification, last update 6/00.
Modification to form summary only.
Modifications:
Revised modification section of form summary.
Comments:
This form should only be used when the basis for reopening is that
defendant did not timely receive actual notice by mail. No petition can
be granted when more than one year has passed since the entry of
judgment. Form SC-515, Motion to Reopen Small Claims Judgment
and Order, is to be used for motions under §§799.11 and 799.29.
There is no RMC form for motions under §806.07.
About this form:
This form is the product of the Wisconsin Records Management
Committee, a committee of the Director of State Court's Office and a
mandate of the Wisconsin Judicial Conference.
If you have additional information that does not change the
meaning of the form, attach it on a separate page. The form
itself shall not be altered.
Date: 07/10/00
Date: 01/01/04 (form summary revision only)
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STATE OF WISCONSIN, CIRCUIT COURT,
COUNTY
For Official Use
Plaintiff (Names and Addresses):
Petition to Answer or to
Reopen Small Claims
Judgment and Order
(Under 799.14(1) only)
-vs-
Case No.
Defendant (Names and Addresses):
Under oath, I state that:
1. I am the defendant in this action.
2. I believe I have a valid defense.
3. Service of the Summons and Complaint was allegedly made on me by mail, but I did not receive that notice.
4. On
I received actual notice that:
Date
a. Judgment has been entered against me.
• I am signing this petition within fifteen days of receiving notice.
• I am signing this petition within one year after the judgment was entered.
• I ask that the court stay further proceedings on the judgment, reopen the judgment, and
give me an opportunity to be heard.
b. This action is pending, but a judgment has not yet been entered.
• I am signing this petition within fifteen days of receiving notice.
• I ask that the court give me an opportunity to appear in this action and answer the complaint.
Subscribed and sworn to before me
on
Signature of Defendant
Notary Public/Court Official
Name Printed or Typed
My commission expires:
Petition denied for failure to meet statutory requirements.
Based on this petition, the COURT ORDERS THAT:
1. Further proceedings in this matter are stayed. If judgment was entered, actions to enforce the judgment are
also stayed.
2. A hearing on the petition shall be held on
at
,
Date
in Courtroom
Time
, Courthouse,
.
Location
If you need help in this matter because of a
disability, please call:
BY THE COURT:
Signature of Circuit Court Judge
Name Printed or Typed
Distribution:
1.Original - Court
2.Parties
Date
SC-511, 07/00 Petition to Answer or to Reopen Small Claims Judgment and Order (Under 799.14(1) only)
§799.14(1), Wisconsin Statutes.
This form shall not be modified. It may be supplemented with additional material.
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