778.06 Action for what sum. When a forfeiture is imposed, not exceeding a specific sum or when it is not less than one sum or more than another, the action may be brought for the highest sum specified, plus costs, fees, and surcharges imposed under ch. 814; and judgment may be rendered for such sum as the court or jury shall assess or determine to be proportionate to the offense.
History: 1977 c. 29; 1979 c. 32 s. 56; Stats. 1979 s. 778.06; 1987 a. 27; 1989 a. 107; 1991 a. 39; 1993 a. 16; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139.
When a city neither disputed its violation of an order nor denied that the state was entitled to a forfeiture to the extent of its violation of the order, it was error for the trial court to utilize this section to justify the imposition of a forfeiture less than the statutory minimum. State v. City of Monona, 63 Wis. 2d 67, 216 N.W.2d 230 (1974).
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.