Section 23.795. Nonpayment of judgments.  


Latest version.
  • (1)  If a defendant fails to timely pay a judgment entered under s. 23.75 (3) (a) 2. or 23.79 , the court may issue an arrest warrant or a summons ordering the defendant to appear in court or both. If the defendant appears before the court pursuant to a warrant or summons or the defendant otherwise notifies the court that he or she is unable to pay the judgment, the court shall conduct a hearing. If the defendant failed to pay the forfeiture, the court shall determine if the defendant is unable to pay the amount specified in the judgment for good cause or because of the defendant's indigence. If the court determines that the failure of the defendant to comply with the judgment is for good cause or because of the defendant's indigence, the court may order that the amount of the judgment be modified, suspended or permanently stayed. If the defendant fails to appear before the court for a hearing under this subsection or if the court determines at the hearing that the failure of a defendant to pay the judgment is not for good cause or not because of the defendant's indigence, the court shall order one of the following:
    (a) That the defendant be imprisoned for a time not to exceed 5 days or until the amount is paid, whichever is less.
    (b) That the amount of the judgment be modified, suspended or permanently stayed.
    (2)  In lieu of an order of imprisonment under sub. (1) (a) for a violation of ch. 29 , the court may revoke or suspend any privilege or approval granted under ch. 29 as provided in s. 29.971 (12) .
    (3)  In lieu of an order of imprisonment under sub. (1) (a) for a violation of ch. 169 , the court may revoke or suspend any privilege or license granted under ch. 169 as provided in s. 169.45 (6) .
    (4)  In lieu of an order of imprisonment under sub. (1) (a) for a violation of s. 90.21 , the court may suspend any fence inspection certificate issued under s. 90.21 , as provided in s. 90.21 (8) (b) .