325 Relating to: providing public notice of a sale of personal property or real estate on execution.

Date of enactment: May 12, 2010
2009 Senate Bill 541 Date of publication*: May 26, 2010

* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

2009 WISCONSIN ACT 325

An Act to amend 815.29 (1) and 815.31 (1) of the statutes; relating to: providing public notice of a sale of personal property or real estate on execution.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1 . 815.29 (1) of the statutes is amended to read:

815.29 (1) No execution sale of personal property shall be made unless 20 days previous notice of such sale has been given by posting notices a notice thereof in 3 public places one public place of the town or municipality where such sale is to be had , specifying and, if the county where such sale is to be had maintains a Web site, by posting a notice on the Web site. If the town or municipality where such sale is to be had maintains a Web site, the town or municipality may also post a notice on its Web site. The notice shall specify the time and place of sale but when any property seized is likely to perish or depreciate in value before the expiration of the 20 days the court or a judge may order the same to be sold in such manner and upon such terms as the best interests of the parties demand. Every such sale shall be made at auction between the hour of 9 a.m. and 5 p.m. and no property shall be sold unless it is in view of those attending the sale, except in the case of the sale of the interest of the judgment debtor in property in the possession of a secured party. It shall be offered for sale in such lots and parcels as is calculated to bring the highest price.

Section 2 . 815.31 (1) of the statutes is amended to read:

815.31 (1) The time and place of holding any sale of real estate on execution shall be publicly advertised by posting a written notice describing the real estate to be sold with reasonable certainty in 3 public places one public place in the town or municipality where such real estate is to be sold and, if the county where such real estate is to be sold maintains a Web site, by posting a notice on the Web site, at least 3 weeks prior to the date of sale; and also in 3 public places one public place of the town or municipality in which the real estate is situated, if it is not in the town or municipality where the sale is to be held and, if the county where such real estate is situated maintains a Web site, also posting a notice on the Web site. If the town or municipality where such real estate is situated or is to be sold maintains a Web site, the town or municipality may also post a notice on its Web site .