Chapter 778 — COLLECTION OF FORFEITURES

778.01 Action for forfeitures. Where a forfeiture imposed by statute shall be incurred it may be recovered in a civil action unless the act or omission is punishable by fine and imprisonment or by fine or imprisonment. The word forfeiture, as used in this chapter, includes any pe…

778.015 Applicability in circuit court. This chapter applies to actions in circuit court. The procedure in ss. 778.14,

778.02 Action in name of state; complaint; attachment. Every such forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according t…

778.027 Prosecution decisions based on contributions to certain organizations or agencies and government attorney conduct. A prosecutor or an attorney representing the state or a political subdivision of the state may not, in exchange for a person’s payment of money, other than r…

778.03 Complaint to recover forfeited goods.

778.04 Plaintiffs; costs.

778.06 Action for what sum.

778.09 Judgment, costs, commitment of defendant.

778.10 Municipal forfeitures, how recovered.

778.103 Traffic regulation forfeitures; how recovered.

778.104 Department of natural resources forfeitures; how recovered.

778.105 Disposition of forfeitures.

778.11 Duty of town officers. 778.12 778.13 778.135 778.14 778.15 778.16 778.17 778.18 778.19 778.195 778.20 778.25 778.26 778.30

778.12 Duty of district attorney. The town chairperson shall forthwith notify the district attorney of the county of every forfeiture which he or she knows, has reason to believe or which he or she has been so informed has been incurred in the town, which cannot be recovered befo…

778.13 Forfeitures collected, to whom paid. All moneys collected in favor of the state for forfeiture, except the portion to be paid to any person who sues with the state, plus costs, fees, Updated 23-24 Wis. Stats. 2 and surcharges imposed under ch. 814, shall be paid by the off…

778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections commission under s. 5.05 (1) (c) or the ethics commission under s. 19.49 (1) (b) is settled as a result of agreement betwe…

778.14 Treasurers to collect. Every town, village and city treasurer shall demand of and recover from each municipal judge of the town, village or city, respectively, all moneys received by the municipal judge upon judgments rendered in actions under this chapter, and every munic…

778.15 and 778.18 and ch. 800 applies to actions in municipal court. History: 1977 c. 305; 1977 c. 449 s. 497; 1979 c. 32 ss. 56, 92 (8), (17); Stats. 1979 s. 778.015.

778.16 Neglect of duty. The treasurer of any town, village or city who neglects or refuses to perform any of the duties required by this chapter shall, upon conviction, be punished by imprisonment in the county jail not less than 3 nor more than 6 months or by fine not less than …

778.17 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board, submit to it a verified statement of all moneys received by the county treasurer during the year next preceding from town, village, and ci…

778.18 Penalty upon municipal judge. If any municipal judge, of his or her own will, dismisses any action brought before the judge under this chapter, unless by order of the district attorney or attorney general or the person joined as plaintiff with the state, or renders a lesse…

778.19 Recovery of property forfeited to state. If property is forfeited to this state or to any officer for its use, an action for the recovery of the property may be brought in circuit court. History: 1977 c. 449; 1979 c. 32 s. 56; Stats. 1979 s. 778.19.

778.195 Clerk’s fees. Fees in forfeiture actions under this chapter are prescribed in s. 814.63. History: 1981 c. 317.

778.20 Who liable for costs. In all actions brought under s. 778.10 the town, city, village or corporation in whose name such action is brought shall be liable for the costs of prosecution; and, if judgment be for defendant, for all the costs of the action, and judgment shall be …

778.25 Citation procedure for certain limited violations. (1) (a) The citation procedures established by this section may be used only in an action to recover a forfeiture: 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), or 125.09 (2) or under a local ordinance strictly confo…

778.26 Citation procedure; violation of land trespass laws. (1) The citation procedures established by this section may be used only in an action to recover a forfeiture under s. 943.13. The citation form provided by this section may serve as the initial pleading for the action a…

778.30 Collection of forfeitures and related charges by assignment. (1) In addition to the procedures under s. 23.795 or 345.47 or under this chapter for the collection of forfeitures, costs, assessments, surcharges, municipal court judgments, or restitution payments if a defenda…