General Landlording & Rental Properties

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Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
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Filing an eviction in Wisconsin

Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
Posted Aug 22 2019, 19:38

The Milwaukee Small Claims court has a nice set of resources, including forms, available, but the Summons and Complaint form seems to imply that only the plaintiff (landlord?) or an attorney can file it (there are only 2 choices).

Can somebody else file this form on behalf of the plaintiff? For instance, my husband owns our rentals, and he is listed as a landlord on our leases, but it is more convenient for me to file while he is at work.

This is our first eviction, and any advice or resources on the subject would be much appreciated.

Thank you!

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Nathan Grubb
  • Kenosha, WI
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Nathan Grubb
  • Kenosha, WI
Replied Aug 23 2019, 14:26

I'm not a lawyer, but I believe the only people who can file legal documents for a person is their:

a) attorney

b) spouse or other who has "power of attorney." Power of attorney is for stuff exactly like this. If you need documents signed in person and are in another state, or in a coma, or otherwise not capable, power of attorney usually gives someone that ability in your stead.

I am assuming that "filing" in Milwaukee is more than just dropping off papers. There will likely be signatures involved.

Again. Not a lawyer.

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Dawn Anastasi
  • Rental Property Investor
  • Milwaukee, WI
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Dawn Anastasi
  • Rental Property Investor
  • Milwaukee, WI
Replied Aug 24 2019, 18:50

You may want to consider hiring a "flat fee" attorney to do this for you if it's your first one and you don't plan to file evictions often. (Hopefully you don't plan to file evictions often!)

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Brett Kash
  • Flipper/Rehabber
  • Milwaukee, WI
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Brett Kash
  • Flipper/Rehabber
  • Milwaukee, WI
Replied Aug 26 2019, 03:53

@Kat Rathell

I’ve heard of companies out there that specialize in managing evictions (attorneys) and do it for a reasonable flat fee so you don’t have to worry about it. Never personally been through it yet but this seems like a great option to take the headache off your plate.

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Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
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Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
Replied Aug 26 2019, 07:11

@Nathan Grubb, thank you!!!

Will obtain Power of Artorney asap.

Is it as simple as filling it out and notarizing, or does an attorney have to be involved?

Thank you!

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Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
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Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
Replied Aug 26 2019, 07:13

@Dawn A., hopefully not often!

It is our first one in 2.5 years. We are just trying to do things ourselves that we can do, realistically, since it is a valuable learning experience. Knowledge is power in any industry, especially this one.

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Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
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Kat Rathell
  • Rental Property Investor
  • Milwaukee, WI
Replied Aug 26 2019, 07:17

@Brett Kash, it is a good option we will definitely consider down the road if the need arises, but at this point with it being our first eviction I am treating it as a learning experience, not a headache as such :).

It won’t hurt to know what needs to be done and how, just to get our feet wet.

Wish us luck!