778.01 Action for forfeitures. Where a forfeiture imposed by statute shall be incurred it may be recovered in a civil action unless the act or omission is punishable by fine and imprisonment or by fine or imprisonment. The word forfeiture, as used in this chapter, includes any penalty, in money or goods.
History: 1979 c. 32 s. 56; Stats. 1979 s. 778.01.
Cross-reference: For forfeitures imposed by city or village ordinance, see s. 66.0114.
For a forfeiture action to accrue against a nonresident owner of a building that is in violation of the state building code, the violator should receive notice of the violations. Notice need not be actual, but must be reasonably calculated to inform the building owner with respect to the violation. State v. James, 47 Wis. 2d 600, 177 N.W.2d 864 (1970).
The definition of forfeiture in this section applies only to ch. 288 [now ch. 778]. State v. Mando Enterprises, Inc. 56 Wis. 2d 801, 203 N.W.2d 64 (1973).
This section does not preclude prosecution under a statute punishable only by forfeiture in the same action with criminal charges. State v. Johnston, 184 Wis. 2d 794, 518 N.W.2d 759 (1994).
A judgment for payment of a forfeiture can be docketed, accumulates interest, and may be enforced through collection remedies available in other civil proceedings. OAG 2-95.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 778 - Collection of forfeitures.
778.01 - Action for forfeitures.
778.015 - Applicability in circuit court.
778.02 - Action in name of state; complaint; attachment.
778.03 - Complaint to recover forfeited goods.
778.09 - Judgment, costs, commitment of defendant.
778.10 - Municipal forfeitures, how recovered.
778.103 - Traffic regulation forfeitures; how recovered.
778.104 - Department of natural resources forfeitures; how recovered.
778.105 - Disposition of forfeitures.
778.11 - Duty of town officers.
778.12 - Duty of district attorney.
778.13 - Forfeitures collected, to whom paid.
778.135 - Campaign finance, lobbying, and ethics forfeitures; how recovered.
778.14 - Treasurers to collect.
778.15 - Payment to county treasurer.
778.17 - Statement to county board; payment to state.
778.18 - Penalty upon municipal judge.
778.19 - Recovery of property forfeited to state.
778.20 - Who liable for costs.
778.25 - Citation procedure for certain limited violations.
778.26 - Citation procedure; violation of land trespass laws.
778.30 - Collection of forfeitures and related charges by assignment.