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AB 1138

Relating to: procedures in eviction actions for noncompliance with stipulated judgments of dismissal. (FE)

2025-2026 Regular Session Introduced by Clint Anderson and 5 co-sponsors

Requires prior notice and an evidentiary hearing before entering any unsatisfied portion of a stipulated dismissal in small claims eviction actions.

Failed to pass pursuant to Senate Joint Resolution 1
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WeVote Research Nonpartisan
Bill Summary · AB 1138

Summary of Assembly Bill 1138 (2025-26) – Wisconsin

Bill overview

  • Official title: Relating to procedures in eviction actions for noncompliance with stipulated judgments of dismissal.
  • Jurisdiction: Wisconsin
  • Session: 2025-2026
  • Status: Introduced March 13, 2026; referred to the Committee on Housing and Real Estate
  • Sponsors: Reps. Clancy, Moore Omokunde, Madison, Anderson, Sinicki, Stubbs; Sen. Larson, Roys, Spreitzer (cosponsors)

1) Purpose and intent

The bill adds procedural safeguards for eviction actions brought in small claims court when the eviction is based on noncompliance with a stipulated judgment of dismissal. Specifically, it aims to:
- Ensure that a party facing an unsatisfied portion of a stipulated dismissal in a small claims eviction action receives prior notice before any judgment is entered or the unsatisfied portion is activated.
- Require addressing noncompliance with a stipulation through an evidentiary hearing and verified proof before any entry of the unsatisfied judgment amount.

2) Key provisions and changes

A. Renumbering and clarifying existing rule

  • Renumbering: 799.24(3) is renumbered to 799.24(3)(a).
  • Current practice retained with safeguards: Under 799.24(3)(a) (as renumbered), a stipulated judgment of dismissal may be vacated and the unsatisfied portion entered upon application by the prevailing party and proof of noncompliance, without notice to the obligated party, unless the bill’s new provisions apply (see below).

B. New subsection creating protections for eviction actions

  • New 799.24(3)(b): Applies specifically to eviction actions under a stipulated judgment of dismissal.
    • The court may vacate the stipulated judgment only if: 1) The obligated party receives prior written notice.
    • The court may not enter the unsatisfied portion unless: 1) The prevailing party applies for entry, provides affidavit proof of noncompliance, and shows proper notice to the noncomplying party; and 2) The court holds an evidentiary hearing.

3) What would be affected

Affected parties

  • Defendants/noncomplying tenants in small claims eviction actions who are subject to a stipulated judgment of dismissal.
  • Plaintiffs/landlords seeking to enforce a stipulated judgment or collect the unsatisfied portion.

Procedural impact

  • Requires prior written notice to the noncomplying party before vacating the stipulated judgment.
  • Requires an evidentiary hearing before the court can enter the unsatisfied portion of the stipulated judgment in eviction cases.
  • Requires the prevailing party to file:
    • An application for entry of the unsatisfied portion,
    • An affidavit of noncompliance with the stipulation,
    • Proof that proper notice has been provided.

4) Procedural and timeline aspects

  • The bill tightens the timeline by inserting a notice and an evidentiary hearing step prior to judgment entry for the noncompliant party in eviction actions.
  • It does not change the underlying standard for; it creates a more formal process to enter an unsatisfied amount, ensuring due process rights are observed for tenants in eviction proceedings.

5) Fiscal and administrative notes

  • The bill references a local fiscal estimate that would be printed as an appendix, indicating there may be some administrative or minor fiscal impact due to additional notices and hearings, but no specific dollar amount is provided in the text available.
  • Administrative note: The bill is limited in scope to eviction actions in small claims (amounts up to $10,000) and within Wisconsin circuit court procedures.

If you’d like, I can tailor this summary for a particular audience (e.g., tenants, landlords, policymakers) or add a comparison with current law to highlight exactly what changes the bill would implement.

Compiled from official sources — confirm details with the bill’s official record.

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