Detailed Answer
Under Wisconsin law, you use an affidavit of collection to start a replevin action, which lets you recover personal property wrongfully held by another party. The key statutory provisions are Wis. Stat. § 887.01 (affidavit and bond) and Wis. Stat. § 887.02 (writ of replevin). Follow these steps to validate and certify your affidavit correctly.
1. Prepare the Affidavit of Collection
- Identify the parties. List your name and the name of the person or business holding the property.
- Describe the property. Provide a clear, detailed description (make, model, serial number, distinguishing marks, value).
- State your right to possession. Explain why you believe you rightfully own or are entitled to possess the item.
- Include facts. Note how and when the property came into the other party’s possession and why they refuse to return it.
- Cite the statute. Reference Wis. Stat. § 887.01 to show you’re filing under the proper authority.
2. Notarize and Certify
- Sign under oath. Appear before a Wisconsin notary public and swear that the facts in your affidavit are true.
- Obtain the notary seal. Ensure the notary stamps or embosses the affidavit and dates their commission.
- Attach exhibits. If you have supporting documents (invoices, title, correspondence), staple them behind the affidavit and note them in your text.
3. File with the Circuit Court
- Choose the county. File in the circuit court where the property is located or where the holder resides.
- Pay filing fees. Check the local clerk’s office for current fee schedules or fee waivers if qualified.
- Submit the affidavit and bond. Under Wis. Stat. § 887.01, you must also file a bond unless the court waives it on good cause.
4. Post Bond and Request Writ
- Calculate bond amount. The bond typically equals twice the value of the property plus costs and probable damages.
- Secure the bond. Purchase a surety bond from a licensed provider or file a cash deposit with the court clerk.
- Ask for a writ of replevin. Once the bond is accepted, the clerk issues the writ directing the sheriff to seize the property.
5. Serve the Defendant
- Serve the writ and affidavit. A sheriff or authorized process server must deliver these documents to the holder of the property.
- Return of service. Ensure proof of service is filed with the court to confirm the defendant received notice.
6. Enforce the Writ of Replevin
- Sheriff’s execution. The sheriff will seize and return the property to you once service is complete.
- Defendant’s claim. If the defendant contests, the court holds a hearing to decide ownership or right to possession.
- Final judgment. After the hearing, the judge issues a decision. If you prevail, the court orders permanent return of the property.
Helpful Hints
- Double-check your property description to avoid disputes over identity.
- File in the correct county to prevent delays or dismissal.
- Keep copies of everything: affidavit, bond, writ, proof of service, court notices.
- Meet all deadlines for filing, posting bond, and service to preserve your replevin rights.
- Consider working with an attorney if the property value is high or defendant plans to contest.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Wisconsin for guidance specific to your situation.