Wisconsin Statutes 780.04 – Attachment; affidavit for
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Terms Used In Wisconsin Statutes 780.04
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.