Ask Experts Questions for FREE Help !
Ask
    joanne1946's Avatar
    joanne1946 Posts: 2, Reputation: 1
    New Member
     
    #1

    Sep 9, 2010, 11:32 AM
    I have a judgment for money in Wisconsin. It is for a mobile home without land.
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Sep 9, 2010, 11:34 AM
    You probably went through the wrong courts. You need to file an eviction in housing court. Who owns the home and the land?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Sep 9, 2010, 03:42 PM
    Quote Originally Posted by joanne1946 View Post
    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
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Sep 9, 2010, 03:47 PM

    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.
    joanne1946's Avatar
    joanne1946 Posts: 2, Reputation: 1
    New Member
     
    #5

    Sep 13, 2010, 08:17 AM
    Comment on Fr_Chuck's post
    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

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

My sisters mobile home has gone through forcloser, it is on my land. I want it off. [ 1 Answers ]

My Sister's mobile home is on my land, it's gone through forecloser and the note company is draging their feet about coming to get it, I need to move a new house on it to help with the land payment. How do I get it off? Can I evict them? I have own this land since 1996. Thanks in Texas.

Land owner won't let me move my mobile home [ 18 Answers ]

Can the owner of the land keep my mobile home? What do I need to file in court in order to move my mobile home?

Can I sell a mobile home that is affixed and keep the land [ 2 Answers ]

Can I sell a mobile home that is affixed and keep the land

Title to mobile home and title to land is separate can it be sold on one deed [ 1 Answers ]

I moved into the country in a mobile home and started renting then a year later we decided to purchase the land and mobile home on contract. We have paid taxes and insurance on it. 2 years later we find the person selling it to us does not have the title to mobile home just to land. Does he have...


View more questions Search