2013 Wisconsin Statutes & Annotations
816. Remedies supplementary to execution.
816.035 Commissioners' orders; service and return; filing; fees.
816.035 Commissioners' orders; service and return; filing; fees.
(1) An order under s. 816.03 (1) issued by a supplemental court commissioner shall be served in the same manner as the service of a summons under s. 801.11. The return on the order shall be made to the supplemental commissioner who issued the order. The supplemental commissioner shall file the order and the return with the clerk of the court in which the judgment involved is entered.
(2) Upon issuance of the order, the supplemental court commissioner shall collect the fee prescribed in s. 814.68 (2) for attendance upon the examination.
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 816.035; 1981 c. 317; 1993 a. 22; 2001 a. 61.
Sub. (1) places the duty upon the supplemental commissioner, not the creditor, to file the order and return with the clerk of court. Wisconsin law does not require a creditor to take additional steps to perfect its lien beyond service on the debtor. Attorney's Title Guaranty Fund, Inc. v. Town Bank, 2013 WI App 6, 345 Wis. 2d 705, 827 N.W.2d 116, 11-2774.
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