Civil Court

When a contractor was not paid for labor and/or materials, they can file a construction lien on the piece of property where the “improvement” was made.

Per WI §779.01(2)(a): “Improve” or “improvement” includes any building, structure, erection, fixture, demolition, alteration, excavation, filling, grading, tiling, planting, clearing or landscaping which is built, erected, made or done on or to land for its permanent benefit.

How to File

You may file with the assistance of an attorney or file pro se (on your own). You may fill out the Construction Lien Form and return it to the Clerk of Courts.

We cannot provide you with legal advice, however if you have general questions, please contact the Clerk of Courts Office via email at [email protected] or by phone at 715-468-4677.

Contractors must complete the following:

• Notice of Intent – Service of the Notice of Intent has to be made on the individual at least 30 days prior to recording the Claim for Lien to allow the party time to respond. The Notice of Intent should be mailed by certified mail with a return receipt as proof of service.
• File the Claim for Lien – File at the Clerk of Courts Office with a copy of the Notice of Intent that was served on the party and proof of service (such as a return receipt from certified mail; a copy will be accepted).
  • Clerk of Courts
    PO Box 339
    10 4th Avenue – 2nd Floor
    Shell Lake WI 54871

Cost

The fee for filing your Claim for Lien is $5.00.

Requirements

• You must have also complied with notice requirements in WI §779.01 prior to following the procedure stated above.
• The property description is required on the claim for lien.
• Construction liens cannot be recorded if it is longer than six months from the completion of work/labor or supplying materials.
• Construction liens are recorded against the property for a maximum of two years.

Foreclosure cases can be found on WCCA by performing an “Advanced Case Search” and entering the case classification code of: 30404 along with the other required information.

After a judgment of foreclosure is granted by the court, a “Sheriff’s Deed” will be given to the court for safekeeping. The Sheriff will hold a “Sheriff’s Sale” in the Sheriff’s Office (Room A136). If someone successfully bids on the property, they will be required to deposit 10% of that bid in the Clerk of Courts office by cash, money order or cashier’s check – a personal check will not be accepted as indicated in the Notice of Sheriff’s Sale. The court will then schedule a hearing for the “Confirmation of Sale”. At that hearing the court will typically sign the order confirming sale requiring the successful bidder to pay the balance owed from the sale by money order, cashier’s check or cash. Upon the balance being paid, the Clerk will handle the processing of the payment and the Sheriff’s deed – as directed in the order confirming sale. It is the responsibility of the buyer to pay any transfer fees.

If the successful bid exceeds the amount owed on the property, there may be a “surplus of funds”. When that happens, any creditor in that court case, can petition the court for their portion of the surplus funds. A signed order of the court is required in order to payout any surplus funds.

If the successful bidder paid less than the amount owed on the property, a deficiency judgment may be filed against the defendant(s).

A listing of Sheriff mortgage foreclosure sales are located on this Sheriff’s Office webpage.

Any eligible resident of Wisconsin, whether a minor or an adult, may petition the court in the county where he or she resides to have his or her name changed. If you hold a professional license (other than a license to teach in the public schools) and your name change is for a reason other than marriage or divorce, you may need the approval of your licensing board or commission to change your name to a name other than the name on your license. Contact the appropriate board to learn its requirements.

A person required to register as a sex offender under Chapter 301.45, Wis. Stats. (Class H felony) may not change his or her name. Sec. 301.47(2)(a), WI Stats. Please note that juvenile sex offenders may be subject to Chapter 301.45.

How to File

You may file with the assistance of an attorney or file pro se (on your own). A forms packet is available at the Clerk of Courts Office or you may print them at Wisconsin Court System’s self-help center and bring the completed forms with the filing fee to the courthouse. You can also e-file your forms.

We cannot provide you with legal advice, however if you have general questions, please contact the Clerk of Courts Office via email at [email protected] or by phone at 715-468-4677.

1. Fill out a Petition for Name Change form and make two copies of the completed form. There are two Petition for Name Change forms. If the person whose name is proposed to be changed is an adult or a minor age 14 or over, complete CV-450. Use CV-455 if the person whose name is proposed to be changed is a minor under 14 years of age. Please note that a Petition for Name Change must be signed in front of a notary. The form has step-by-step instructions on the left side. If the person whose name is proposed to be changed is a minor under 14 years of age, the petition must be made by:
   1. Both living parents, the sole surviving parent, or the sole adoptive parent of the minor child.
   2. One of the parents of the minor child who has two living parents and paternity has been established.
   3. The mother, and the minor child is a non-marital minor child who is not adopted or whose parents have not married, and paternity of the minor child has not been established.
   4. The legal guardian/custodian of the minor child because either both parents are deceased or the parental rights of both parents have been terminated by judicial proceedings.
2. Fill out a Notice and Order for Name Change Hearing form. Complete form CV-460 which has step-by-step instructions on the left side.
3. Fill out an Order for Name Change form. Complete form CV-470 which has step-by-step instructions on the left side.
4. File the Petition for Name Change, Notice and Order for Name Change Hearing and Order for Name Change.

5. Publish the Notice and Order for Name Change Hearing form in a local newspaper. State law requires publication of third class notice (printed once a week for three weeks) of the Notice of Hearing form in a local newspaper prior to the hearing date. There are official newspapers in many municipalities, but generally you can use any newspaper regularly published at least once a week in the city, village, or town where the petitioner resides. There will be a fee charged for publication. After the publication is completed, the newspaper will provide you with an “Affidavit of Publication”. Follow local court rules for filing the proof of publication with the Clerk of Courts before the hearing date or presenting it at the name change hearing.
6. If one parent is filing on behalf of a minor under 14 whose paternity has been established, have the non-petitioning parent served with a copy of the Petition for Name Change of Name and Notice and Order for Name Change Hearing forms. For the court to hear the case, the non-petitioning parent must be provided with a copy of the Petition for Name Change and Notice and Order for Name Change Hearing far enough in advance of the hearing. A sheriff or private process server must attempt to personally serve the non-petitioning parent. You will be charged a fee for this task. Once the documents have been served, you will be sent a proof of service. When proof of service is returned, take the original to the Clerk of Courts for filing after you make a copy of the proof of service for yourself. Bring the document to the hearing. If personal service cannot be accomplished, proof of due diligence in service attempt must be filed with the court. An Affidavit/Certificate of Non-Service will be sent to you by the sheriff or process server and the Affidavit of Attempted Service on Non-Petitioning Parent (CV-465) can be used to demonstrate attempted service on the non-petitioner. File these documents with the Clerk of Court at or before the first court date according to local court rules.
7. Attend the Name Change Hearing. You must have the original or certified copy of the birth certificate for the judge’s review. The judge will ask you for the “Affidavit of Publication.” If one living parent is filing on behalf of a minor, proof of service or attempted service on the other living parent must also be provided at the hearing. You may be placed under oath and questioned about the information on the Petition. If your petition is granted, the judge will sign the Order for Name Change. If your petition is not granted, the judge will complete an Order Denying Name Change (CV-475).
   

   For minors under 14 whose paternity has been established and one parent is the petitioning party, if the non-petitioning parent does not appear at the hearing or otherwise answer the petition, the action may proceed. If the non-petitioning parent appears at the hearing or otherwise answers the petition and shows that he or she has not abandoned the minor, or failed to assume parental responsibility for the minor, the court shall require the consent of the non-petitioning parent before changing the name of the minor. The Response of Non-Petitioning Parent to Name Change of Minor Child Under 14 form (CV-480) may be used to record the non-petitioning parent’s position on the requested name change. File this document with the Clerk of Court according to local court rule.
   

8. File the Order for Name Change according to local court procedure and complete any post-decision activities. File the Order for Name Change with the Clerk of Courts office. Follow local procedure for recording a certified copy of the order in the Register of Deeds office in the county where the name change occurred. A fee will be charged.

Submission

The Wisconsin Court System has implemented e-filing which is fast, easy, and convenient. You can file from your home and your case can be monitored in real time. You may also mail or drop off documents in person to:

Clerk of Courts
10 4th Ave – 2nd floor
Shell Lake WI 54871

A Temporary Restraining Order is a court order that prohibits contact between the person requesting the order (the Petitioner) and the person whom the restraining order is against (the Respondent).

The Temporary Restraining Order does not affect visitation unless ordered by a judge.

Temporary Restraining Orders prohibit:

• Acts of domestic abuse
• Cease or avoid the harassment of the petitioner
• Avoid the petitioner’s residence and/or any location temporarily occupied by the petitioner
• Avoid contacting or causing any other person to contact the petitioner except a party’s attorney or law enforcement officer, unless the petitioner consents to that contact in writing
• Any other appropriate orders

How to File

You may file with the assistance of an attorney or file pro se (on your own). Wisconsin Court System’s self-help center is designed to help you find forms, learn about Wisconsin law and court procedures and represent yourself in some court matters. A forms packet is also available at the Clerk of Courts Office. The Women’s Community also has forms available. You will need to bring the completed forms with the filing fee to the courthouse. You can also e-file your forms. We cannot provide you with legal advice, however if you have general questions, please contact the Clerk of Courts Office via email at [email protected] or by phone at 715-468-4677.

The following steps must be completed:

1. Fill out the paperwork legibly and completely for the type of restraining order you will be filing.
2. Bring the paperwork to the Civil/Family Division of the Clerk of Courts Office.
3. You will then be instructed which judge to take your papers to.
4. Once the judge signs the papers, return to the Clerk of Courts Office with them.
5. Pay the required fees.
6. You will be given a copy of the temporary restraining order.
7. When the sheriff serves the papers on the other party you will receive a certificate of service.
8. File the certificate of service with the Clerk of Courts Office when you receive it.
9. Appear at your hearing. If you do not appear at your hearing, your case will be dismissed.

The Wisconsin Court System has implemented e-filing which is fast, easy, and convenient. You can file from your home and your case can be monitored in real time.

You may also submit necessary documents by mail or in person to:

Clerk of Courts
10 4th Avenue – 2nd Floor
Shell Lake WI 54871

Paperwork for filing a temporary restraining order is accepted between 8:00am and 3:30pm, Monday through Friday.

You will need:

• The address of the person against whom you want the restraining order and their demographic information. You will need their height, weight, hair and eye color, date of birth, and race.
• A list of dates the abuse or harassment occurred, what happened, and who did what to whom.

Cost

Fees vary based on the type of restraining order:

• Harassment [Wisconsin Statute: 813.125]: $164.50 plus service fees (Unless conduct prohibited by Wisconsin §940.32 or §813.12)
• Domestic Abuse [Wisconsin Statute: 813.12]: No fees
• Child Abuse [Wisconsin Statute: 813.122]: No fees
• Individual at Risk [Wisconsin Statute: 813.123]: No fees
• Juvenile Harassment [Wisconsin Statute: 48.25(6) and 813.125]: No fees

If you are unable to afford the fees, you may complete a Petition for Waiver of Filing and Service Fees/Affidavit of Indigency and Order (form CV-410) and submit it with your restraining order. The Judge will approve or deny your petition based upon standard guidelines. A Judge may also order partial payment.

What Paperwork Must Be Filed

Forms required vary by the type of restraining order. Each restraining order type has criteria for when it can be used.

Harassment Restraining Order

Used When:

• There was striking, shoving, kicking or otherwise subjecting a person to physical contact or attempts or threatens to do same.
• Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose.

Harassment is defined in statute 947.013 as (a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do same. (b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

Forms Required:

• CV-405 – Petition in Civil Court for Temporary Restraining Order and/or Injunction
• CV-420 – Respondent’s Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner’s Statement of Respondent’s possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-406 Temporary Restraining Order.

Domestic Abuse Restraining Order

Used When:

• There was an intentional infliction of, or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent.
• All of the following criteria is met:
  • A spouse, former spouse, parent, child or a person related by blood or adoption to you.
  • A person currently or formerly residing in a place of abode with you.
  • A person with whom you have a child in common.
  • A person who provides in home or community care for you.
  • A person with whom you have or had a dating relationship.

There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.

Domestic abuse is defined in statute 813.12 as an intentional infliction of or threat to inflict physical pain, physical injury or illness; impairment of physical condition; damage to personal property; or sexual contact or sexual intercourse without consent. There must be facts showing an imminent danger of physical harm before a temporary restraining order can be issued.

Forms Required:

• CV-402 – Petition for Temporary Restraining Order and/or Injunction
• CV-420 – Respondent’s Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner’s Statement of Respondent’s possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-403 Temporary Restraining Order.

Child Abuse Restraining Order

Used When:

• There was infliction of physical injury on the child by other than accident
• There was sexual intercourse, contact, or exploitation of the child
• The person permitted, required, or encouraged the child to violate prostitution laws
• The person forced the child to view sexual activity
• The person exposed genitals or pubic area to the child
• The person caused the child to expose genitals or pubic area
• The person is involved in conduct that caused the child emotional damage
• A threat to do any of the above

Forms Required:

• CV-412 – Petition in Civil Court for Temporary Restraining Order and/or Injunction (Child Abuse)
• CV-420 – Respondent’s Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner’s Statement of Respondent’s possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-413 Temporary Restraining Order.

Individual At Risk Restraining Order

Used when the Respondent interfered with, or based on prior conduct of the respondent, may interfere with:

• An investigation of the vulnerable adult by the county protective services agency
• The delivery of protective services to the vulnerable adult
• A protective placement of the vulnerable adul

Forms Required:

• CV-428 – Petition for Temporary Restraining Order and/or Injunction (Vulnerable Adult)
• CV-420 – Respondent’s Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner’s Statement of Respondent’s possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-429.

Juvenile Harassment

Used When:

• The respondent is a child.
• There is a pending CHIPS action in the juvenile court involving the child victim.

Forms Required:

• Please contact the Clerk of Courts Office for information on procedure and forms.

• CV-420 – Respondent’s Information for Sheriff to Effect Service
• CV-502 – Confidential Address Information
• CV-801 – Petitioner’s Statement of Respondent’s possession of Firearms
• If you are not e-filing your documents, you must also complete the top portion of form CV-429.