The Easy Evict Procedure / What to Expect / Frequntly Asked Questions

  • This service is for “Easy Evictions.” If you want a lot of hand holding and an attorney to spend an hour listening to what bad people your tenants are, this is not the service for you. We will offer recommendations of attorneys
    better suited for this type of client upon request, but be aware they will cost you much more.

  • The $279 includes the paperwork, court filing fee, the process server, a licensed attorney to appear in court for you and delivering the paperwork to the proper places. It also includes the second court date if required as well delivering the papers to the Sheriff if required. It does not include eviction cases that go to trial before a judge in Circuit Court

  • Our experience is more than 90% of the tenants resolve the issue within a week of court by either moving or paying. If your tenant does not vacate on their own you you must turn the eviction into the Sheriff within 30 days of the date of the writ (Court order for the Sheriff to remove the tenant). This date is often the same as the court date. If you wait longer than that you will have to start over and will lose the $279.

    We deliver the paperwork to the Sheriff for you as part of the Easy Evict.

  • For a Sheriff move you will need to provide us with two checks, one for $5 payable to the Clerk of Courts for the Writ and one for $125 to the Sheriff. You must obtain a letter from an Sheriff approved mover. That mover will require a credit card deposit. We use Eagle (414) 383-1776. The cost of the mover is $130 per hour or typically $260 - $500. On occasion it can be more if the tenant has lots of nice things. It can also be as low as $130 if everything is garbage.

    The Sheriff will not accept the paperwork without the mover, the Sheriff and the Clerk of Courts being paid first.

  • In most cases the owner does not need to appear in court. However in rare instances the tenant raises issues that only the owner can dispute such as claims they paid the rent or attempted to pay the rent and the owner refused it. In those cases the owner will need to appear at 1:30 PM, typically one week after the original court date

  • The Court has a new scheduling policy to even out their calendar. It is possible that your case will be postponed until the following Thursday due to this.

  • Our goal is to have the tenant either pay or leave as soon as possible. If the tenant raises issues that could force the case to go in front of the Circuit Court Judge it could delay the eviction by a week, two weeks, or more plus incur more attorney fees. In those cases we instruct the attorney to attempt to enter into a stipulated dismissal, allowing the tenant extra time to leave or perhaps pay and stay. This is almost always gives you the desired result quicker than waiting to be heard by the Circuit Court Judge. If you want the tenant to vacate no matter what you must let us know that when you turn the paperwork over to us.

  • You can only get a money judgment if the tenant is personally served, appears in court or the summons is“published.” Many people who owe money know to avoid the process server. Therefore if you want to make sure you get a judgment hearing you must provide us with a check made out to the Daily Reporter for $65 when you give us the case. If the process server gets personal service the check will be destroyed or returned to you. If not we will request a publication date. A money judgment hearing is not a guarantee of a judgment. Only the Court can decide this.

  • If we get personal service, the tenant appears in court or you paid for publication of the summons the court date for the money judgment will be three to four weeks after the hearing date. We must have a copy of the deposit transmittal letter you sent the tenant along with copies of paid receipts supporting the charges. Pictures are great. It is unlikely the court will grant you judgment for damages that you do not have receipts and pictures of. If you exaggerate the charges you will probably will not get a judgment even for the legitimate charges.

  • Getting a judgment does not mean you will recover your lost rent. You can garnish the tenant's wages if you know where they work, they make more than the exemption amount and do not have other garnishments or attachments.

  • If the tenant files bankruptcy the eviction will fail and you will be out the $279

Things You May Have Done That Can Cause The Case To Fail

    We do not make the rules nor necessarily agree with them but....

  • If you gave the tenant a lease with option to purchase or the property is in foreclosure the eviction may fail and you will have wasted the $279.

  • If you included late fees, utilities, unpaid security deposits, damages or any other non rent charge on a five day notice for a month to month tenant the eviction will fail and you will have wasted the $279.

  • If you take any payments after you gave the tenant the 5 day notice through the day the tenant vacates the eviction may fail and you will have to start over.

  • If you have a lease for more than one year, even if it is just a few days more, you must use a thirty day notice rather than a five day or the eviction will fail and you will have to start over. Many owners make a mistake here
    when doing year leases and letting the tenant move in a bit early.

  • If you had your tenant do any work as a rent offset, the case may fail and you will be out the $279.

  • In the past the Court would allow a case proceed if you had the wrong return date on your five day, but waited until after the correct date to fie the eviction. Today having the wrong return date on the "fill in the date" style 5-Day notice will cause your case to be dismissed.

  • For example you wrote the notice out on the 10th with date of the 15th but do not serve it until the 11th because the tenant was not home, your case will fail. If you mail the notice certified on the 10th it will fail, because you must add two days for mailing.

  • The new style notices avoids this problem by using the phrase "within 5 days service herein" instead of a specific date. This notice is available for free at WIevictionForms.com.

  • Just because the tenant signed a rental agreement requiring them to pay certain charges, it does not mean the charge can be included on a five day. If you include late fees, damages, utilities or security deposit on your 5-Day for a month to month tenant your case will fail. A 14-Day notice would be proper. However if it is a year lease then you must use a 5-Day breach notice and a 14 Day would fail.

  • You must evict in the name of the property owner, not the management entity. Milwaukee County Eviction Court Commissioners are dismissing or modifying cases if the owner's name on the summons does not match the city treasurer records.