The judge says I cannot evict the tenant to sell it to get my money because I was awarded money and not the eviction although I had both listed on the original small claims case. She has not filled out the financial disclosure truthfully and did not sign it when whe returned it to me. Can I have the sheriff sell the mobile home to retrive my money or evict her? The judgment is close to $3000.00

You probably went through the wrong courts. You need to file an eviction in housing court. Who owns the home and the land?

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Originally Posted by joanne1946

The judge says I cannot evict the tenant to sell it to get my money because I was awarded money and not the eviction although I had both listed on the original small claims case. She has not filled out the financial disclosure truthfully and did not sign it when whe returned it to me. Can I have the sheriff sell the mobile home to retrive my money or evict her? The judgment is close to $3000.00

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As ScottGem suggests, small claims courts don't have jurisdiction to evict tenants. You are not clear as to how you thought you were going for an eviction order for property you eventually don't own. Are you trying to foreclose some sort of a mortgage you have on the mobile home? Again, wrong court.

You can, however, get a writ of execution on your small claims judgment. That should probably get you the sheriff's sale you are asking about.

Correct small claims do not have the authority to evict, they can merely award money for claims.

So now you have a judgement against them for the money that is owed.
So now you have to take possession of the mobile home to "repo" it. Since until the title changes hands, they merely owe you. So on mobile homes with no land it is not a foreclosure but more like a car where you repo it.

What is the difference between an eviction and a writ of execution? What is the form # for a writ of execution in Wisconsin. I see every other form but not that one. Any idea what that would cost? Thanks