Civil Unit

Unit Contact Information

Civil Clerk:  April Higgins  (920) 683-4031


Municipal Court Appeals & Administrative Review Appeals

  • check and request would be filed in paper
  • attorneys can opt in
  • municipal clerk could upload file as a non-party filer

Civil Bench Warrant

Instructions for application for a Civil Bench Warrant
Affidavit in Support of request for Civil Bench Warrant


Construction Lien Forms

The Manitowoc County Clerk of Court has the following construction lien forms available for purchase ($1.25 per page).  Copies of the forms can be viewed in a "Construction Lien Forms" binder in the Clerk of Court Lobby. 

  • Form 769 -  Prime Contractor Notice of Lien Rights
  • Form 770 -  Prime Contractor Notice of Intention to File Claim for Lien (30-Day Notice)
  • Form 771 -  Prime Contractor Claim for Lien (2 pages)
  • Form 772 -  Subcontractor Identification Notice (60-Day Notice)
  • Form 773 -  Subcontractor Notice of Intention to File Claim for Lien
  • Form 774 -  Subcontractor Claim for Lien (2 pages)
  • Form 781 -  Full Satisfaction of Claim for Lien
  • Form 782 -  Partial Satisfaction of Claim for Lien
  • Form 1362 - Waiver of Lien

NOTICE:  These forms are made available as a convenience to you.  We cannot provide any guidance or legal advice regarding which notice you should use….you need to make that determination based on your specific situation.

"Construction Liens Made Easy" (a manual for Wisconsin contractors) by Attorney Richard W. Westring available for viewing in Clerk of Court office


Discovery Documents

Pursuant to s.804.01(6)(a), Wis. Stats., as to Custody of Discovery Documents, "Unless the court in any action orders otherwise the original copies of all depositions, interrogatories, requests for admission and responses thereto, and other discovery documentation shall be retained by the party who initiated the discovery or that party's attorney."


Foreclosure Mediation

Procedure
Local Court Rule 4.03- Mortgage Foreclosure Procedure.
Application
Application to Request Foreclosure Mediation (to be completed within 30 days of service of foreclosure summons and complaint).
Notice of Availability
Description of the Manitowoc County Foreclosure Mediation Program.


Pro Hac Vice Admission

Pro hac vice refers to a lawyer who has not been admitted to practice in a particular jurisdiction but who is admitted there temporarily for the purpose of conducting a particular case.  See wicourts for questions and answers pertaining primarily to the filing of the required pro hac vice application and the application fee payable to the Wisconsin Office of Lawyer Regulation (OLR).


Publication (Herald Times Reporter)

Gannett Newspapers publishes the Herald Times Reporter, a daily newspaper distributed in Manitowoc County.  The Manitowoc office for the Herald Times Reporter has now closed.  To publish legal notices, you need to scan and email the document to:  HTR or you can fax it to 877-943-0443.  Your email must include complete contact information, including your name, address, phone number, email address and/or fax number.  All payment arrangements need to be made directly with Gannett.  You can contact the Herald Times Reporter at (920)684-4433 for further assistance.


Redocket Judgment (Extend a Lien)

An action on a judgment of a court of record must be commenced within 20 years after the judgment is entered, or be barred.  For 10 years from the date of entry into the judgment and lien docket, every judgment properly entered in the judgment and lien docket is a lien on all real property of the person(s) against whom the judgment is entered, in the county where the judgment is rendered [Wis. Stat. 806.15(1)].  A creditor can bring an action to extend or "redocket" the lien for a second 10-year period by filing a Petition for Leave to Bring Action on Judgment prior to expiration of the first 10-year period.

A judgment cannot be redocketed without:  (1) The Court's leave; (2) Good cause shown; (3) Notice to the adverse party [Wis. Stat. 806.23].

Redocketing does not change the original judgment date or give the creditor a second judgment, it only gives them a second 10-year docketing period.  A judgment can be redocketed for a second 10-year lien period, but the redocketed judgment period cannot exceed the 20-year period from the initial entry of judgment.  For example, if a creditor filed a motion to redocket 15 years after the original entry of judgment, then the creditor's redocketed lien would only be good for 5 years, since action on the judgment would expire at 20 years.


Satisfaction of Judgment Resources

Satisfaction of Judgment (GF-129) debtor prepares form; presents to creditor for signature; debtor files original signed Satisfaction with Clerk of Court w/$5.00 satisfaction of judgment filing fee to release judgment lien

Certificate of Receipt  (receipt of funds by Clerk of Court to satisfy judgment)
Order for Satisfaction of Judgment (Manitowoc County form) court order satisfying judgment pursuant to Wis. Stats 806.19(3);   

Court May Direct Satisfaction; Refusal to Satisfy (Wis. Stats. 806.20)
(1) When a judgment has been fully paid but not satisfied or the satisfaction has been lost, the trial court may authorize the attorney of the judgment creditor to satisfy the judgment or may by order declare the judgment satisfied and direct satisfaction to be entered upon the judgment and lien docket. (no forms available...party must prepare a petition to the court stating the basis for requesting the court to satisfy the judgment pursuant to Wis. Stats. 806.20)

Satisfaction Due to Discharge in Bankruptcy  (Manitowoc County instructions and forms) used to satisfy judgments listed in bankruptcy petition upon discharge; requires $5.00 satisfaction of judgment fee per judgment satisfied

Application for Order of Satisfaction of Judgment(s) Due to Discharge in Bankruptcy (CV-900) to apply for and order from the court for satisfaction of judgment(s) due to discharge in bankruptcy; requires $5.00 satisfaction of judgment fee per judgment satisfied
Order of Satisfaction of Judgment Due to Bankruptcy (CV-901) to order the satisfaction of judgment(s) due to discharge in bankruptcy
Affidavit of Mailing - Bankruptcy (CV-902) proof that the Application for Order of Satisfaction of Judgment Due to Discharge in Bankruptcy was mailed and notarized


Temporary Restraining Orders

Stop in at the Clerk of Court Office for assistance with filing a temporary restraining order.  You will need to determine which kind of restraining order you want to file........domestic abuse, child abuse, individual at risk or harassment.  If you're not sure, you can refer to Restraining Orders in Wisconsin  to help you decide.  The Clerk of Court Office will provide you with the petition for the type of restraining order you are requesting, however they cannot tell you which one you should file...you will need to make that determination on your own.  Clerk of Court staff is prohibited from giving legal advice.  

Generally, a temporary restraining order petition is filed in the county where the abuse occurred or where the petitioner or respondent lives, however, effective 4-18-18, 2017 WI Act 188 has expanded venue in restraining order cases, allowing some petitioners the ability to file in any county within a 100-mile radius of the county seat where they live (i.e. victim advocate, employee of the county court system, current or former law enforcement officer, legal professional practicing law, or a spouse, someone with a child in common, an immediate family member of, or someone living with an of the above).

You will need to include the name, address, date of birth and personal identifying information (approximate weight, height, hair color, eye color, tattoos, etc.) of the person you want to file a restraining order against.  You will also need to complete a Statement of Factual Basis, which summarizes and describes the actions which have taken place, in support of your petition for a restraining order.  This is the most time consuming part of filing a restraining order.  Having your Statement of Factual Basis ready at the time of filing will make the process go much faster.  Tips/guidelines for preparing your statement of facts.

Your petition will be presented to a court commissioner or judge for review.  If your petition is approved, a court date will be scheduled for the injunction hearing within 14 days of issuance of the restraining order.  You need to appear in person at the injunction hearing or the case will be dismissed.  The respondent will be served with the temporary restraining order and will be ordered to appear at the injunction hearing.  

If an injunction is issued, the Court may order the respondent to surrender firearms.  All firearms surrenders will occur through the Manitowoc County Sheriff's Office.

What is the difference between a restraining order and an injunction?  Both are court orders requiring someone to stop engaging in some activity.  A temporary restraining order is issued on an emergency basis for a short period of time until a hearing can be held on issuance of an injunction, which is held within 14 days after the temporary restraining order is issued.  A injunction is a more permanent court order, issued for up to 4 years after a court hearing.

There is no filing fee for a domestic abuse, child abuse or individual at risk restraining orders.  There may be a filing fee of $164.50 for harassment restraining orders unless the alleged conduct meets the definition of stalking or domestic abuse behavior, affecting personal safety.   If you feel you are indigent and unable to pay the filing fee, you may complete a Petition for Waiver of Fees and Costs, requesting the Court to waive the filing fee.  You should also present and Order on Petition Waiving Fees and Costs for the Court's signature.

What is the difference between domestic abuse, harassment and individual at risk restraining orders? How do I determine which restraining order to file?

It takes at least 30 minutes to process a completed restraining order, which depends upon availability of the court commissioner or judge who will be reviewing and then either approving or denying your petition for temporary restraining order, and the ability to obtain a court date for the injunction hearing from the court official's calendar.  We will make every effort to accommodate you during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on Monday and 8:30 a.m. to 4:30 p.m. Tuesday through Friday, holidays excepted.  If there is not sufficient time to complete your filing by the end of the normal business day, then your filing will have to be completed on the next business day.

The Court may appoint a guardian ad litem (GAL) in certain temporary restraining orders and injunctions:
Harassment TRO:  (1)  if petitioner is a minor or (2) if respondent is a child 
Child Abuse TRO:  (1)  if petitioner is not the child (if another person files on behalf of child victim),
     (2) if petitioner is the child (a child can petition on behalf of  themselves as a child victim) or
     (3) if respondent is a parent of the child victim
Individual at Risk TRO:  (1) if petitioner is not the individual at risk (if another person files on behalf of an individual at risk; or (2) generally for any individual at risk, if the court believes it is appropriate to do so, but it is not required unless the person petitioning is not the individual at risk.

TRO FORMS:
Petition for Temporary Restraining Order - Domestic Abuse (CV-402)
Petition for Temporary Restraining Order - Child Abuse (CV-412)
Petition for Temporary Restraining Order - Individual at Risk (CV-428)
Petition for Temporary Restraining Order - Harassment (CV-405)
Petition in Juvenile Court for Temporary Restraining Order -  Child Abuse (JC-1690) for use when respondent is a child or if there is a pending CHIPS action involving the child victim.  
Petition in Juvenile Court for Temporary Restraining Order - Harassment (JC-1693) for use when respondent is a child or if there is a pending CHIPS action involving the child victim. 

Statement of Factual Basis  (Manitowoc County form)
Statement of Factual Basis  (Manitowoc County form)

Confidential Address Information in Domestic Abuse, Child Abuse, Individual at Risk and
Harassment TROs
(CV-502)
Civil Process Data Sheet  (Manitowoc County form) 

Petition and Waiver of Fees and Costs/Affidavit of Indigency (CV-410A); submit Petition and Order
Order on Petition for Waiver of Fees and Costs (CV-410B)

Motion for DeNovo Hearing on a Temporary Restraining Order or Injunction (CV-503) to request a new hearing before a judge on a decision made by a court commissioner

RESTRAINING ORDER RESOURCES: 
Restraining Orders Self-Help Site (provides assistance to pro-se users to complete forms necessary for filing a restraining order/injunction)

Interactive map
where you choose the region of Wisconsin in which you live to find help and support as close to you as possible.


Trial/Hearing Exhibits

Do not mark or file exhibits in advance.  Exhibits will be marked by clerk, in court, as exhibits are presented during trial/hearing to maintain a clean and accurate court record, in proper numerical sequence, allowing for better accountability of all exhibits. 


Safe at Home

Effective April 1, 2017, 2015 WI Act 356 creates Safe at Home, a new address confidentiality program administered by the Wisconsin Department of Justice, Office of Crime Victim Services.  The program provides victims of abuse with a legal substitute address to be used for both public and private purposes, including filing with the court.  The intent of Safe at Home is to allow those who fear for their safety to maintain a private, confidential home, work or school address. 

Individuals wishing to participate in the program need to apply directly to Safe at Home.  There is no fee to apply. [Wis. Stats. 165.68(3)(a)]  Information regarding the application process can be found at Safe at Home.

Safe at Home Contact Information:
Phone:  (608) 266-6613
Email
Website


Vital Records Resources

Amending a Wisconsin Birth Certificate
Instructions, petition and order to amend a Wisconsin birth certificate.
Instructions
Petition
Order

Amending a Wisconsin Death Certificate
Instructions, petition and order to amend a Wisconsin death certificate.
Instructions
Petition
Order

Amending a Wisconsin Marriage Certificate
Instructions, petition and order to amend a Wisconsin marriage certificate
Instructions
Petition
Order

Changing Gender on a Wisconsin Birth Certificate
Instructions and petition to change gender on a Wisconsin death certificate.
Instructions
Petition
Order

File a Wisconsin Delayed Registration of Marriage
First you will need to contact Customer Service for the State Vital Records
Office (SVRO)at (608)266-1373 and speak to a customer service representative
who can assist you with filing a Delayed Registration of Marriage. 

The SVRO will verify that there is no registration of marriage on file and then
mail you an instruction package which explains the process you will need to follow.

After you return all required supporting documentation to the SVRO, the SVRO
completes the Order for you and will send it back to you, along with the supporting
documentation.

You will then need to petition the court to sign the Order to File a Wisconsin Delayed
Registration of Marriage by completing the Petition, and providing the court with the
Petition, the completed Order for signature, along with the supporting documentation,
and all required fees.

The Clerk of Court will finalize the paperwork and mail it back to the SVRO along with
the required filing fee.

The marriage registration is then accepted by the SVRO and a copy is provided to
the county.
Petition

Wisconsin Vital Records Services
Information about Birth/Death/Marriage/Divorce/Annulment/Domestic Partnership Records


Amendment to Wisconsin Birth Certificate vs. Name Change . . . . .

In certain circumstances, an Amendment to Wisconsin Birth Certificate can be done versus a Name Change

  • Both actions will require the same filing fee of $164.50
  • Generally, the Amendment is done as a corrective action to your name, not a complete change of your name.

Differences between the two:

  • Amendment gets filed in the county of your birth
  • Name Change gets filed in the county where you currently reside
  • No publication expense would be required with an Amendment

You can decide which route you would like to take to make the change you are seeking…..both actions may give you the same result…….one will save the time and expense involved with publication.  Please feel free to contact our Civil Clerk for further assistance or to confirm if your situation could be resolved by doing an Amendment.


Name Change Alternatives for Minor Children

BEFORE YOU FILE A NAME CHANGE ACTION WITH THE CLERK OF CIRCUIT COURT
AND INCUR A FILING FEE AND COSTS FOR PUBLICATION, PLEASE MAKE SURE
NONE OF THE FOLLOWING SITUATIONS APPLY TO YOU, WHICH WOULD RESULT IN
CHANGING THE NAME OF A MINOR CHILD AT MINIMAL OR NO COST:

(1) Name Change Within the First Year of Life
If a change of name is being requested for someone who is less than 365 days of age
at the time of the filing of request, Form DPH 5210 can be obtained from the Register
of Deeds office.  This form will require the signature of both parents. 
For more information, contact the Register of Deeds Office.

(2) Legitimation
No time limit on this filing.  This form would be used to do a name change for a child
under the age of 18, upon marriage of the natural mother and natural father. 
Form HCF 5023 can be filed with the Register of Deeds office.  This form will require
the signature of both natural parents. 
For more information, contact the Register of Deeds Office.

(3) Voluntary Acknowledgment of Paternity
No time limit on this filing.  This form would be used to accomplish a name change
for a child under the age of 18, upon a voluntary acknowledgment of paternity,
using Form HCF 5024.  This form is for a child whose parents were not married at
the time of the baby’s birth.  It makes the man the legal father of the child and
places his name on the birth certificate as the father.  It also gives the child the
right to support and inheritance from the father. 
For more information, contact the Child Support Agency.

DISCLAIMER:  We cannot assist you with the filing of these forms, but we
just wanted you to be aware that there may be another remedy for your
situation which may give you the result you are looking for at a minimal
or no cost.  It will be up to your discretion to determine which procedure
you wish to pursue to accomplish the name change, we cannot make that
determination for you.   


Fees Payable After Name Change Hearing


Forms/Documents/Procedures

Recommended Guidelines for Court Exhibits (Manitowoc County policy)
Informational resource to provide direction for effectively managing court exhibits at trial

Petition and Waiver of Fees and Costs/Affidavit of Indigency (CV-410A); submit Petition and Order
Order on Petition for Waiver of Fees and Costs (CV-410B)

Motion for DeNovo Hearing on a Temporary Restraining Order or Injunction (CV-503) to request a new hearing before a judge on a decision made by a court commissioner

Construction Lien Information (Manitowoc County procedural information and order form)

Interest Rates on Civil Judgments (chart)

Municipal Utility Liens (Manitowoc County sample lien form)

Name Change  (state forms and procedural information)
Reference Sheet for Pro Se Litigants to determine which forms to use for Name Change
Over Age 14 and for Name Change Under 14 Years of Age (Manitowoc County form)

Mistaken Identity (GF-182) 

Certification by Prosecuting Agency Verifying Mistaken Identity(GF-185) 

Correct Error in Court Records (GF-184) 

Petition to Remove Address from On-line Records (GF-183A)
Order to Remove Address from On-line Records (GF-183B)

Poverty Guidelines for Earnings  (CV-427)

Directory of Wisconsin Sheriffs (2015-2018)

Process Service Information  (Manitowoc County Sheriff and local private process service agency information)

Petition and Order to Redocket Judgment  (Manitowoc County forms) pursuant to Wis. Stats. 806.23, to request leave to bring action on judgment, to renew judgment and preserve rights to execution on judgment

Subpoena (GF-126A)
Certificate of Appearance (Subpoena) (GF-126B)

Foreign Subpoena  (GF-127A)
Certificate of Appearance (Foreign Subpoena) (GF-127B)

More Civil Forms (wicourts.gov) forms are available in both PDF and Word format; also view Form Summaries for brief description of purpose and use of the form.


Links

Manitowoc County Local Court Rules for county specific civil procedure information

Manitowoc County Sheriff's Sales
Listing of Manitowoc County foreclosure properties scheduled for Sheriff's Sale.  Sheriff's Sales are conducted on Tuesdays as scheduled, commencing at 9:30 a.m., on the first floor near the center staircase of the Manitowoc County Courthouse, at 1010 S.8th Street, Manitowoc, Wisconsin.  Historical sales information also available. 
Effective 10-1-18, Act 339 requires bidders to have an Eligible Third-Party Bidder Affidavit (CV-550) completed and notarized prior to taking part in Sheriff's Sale, and prohibits anyone not qualified from bidding.  Grantor is required to file Affidavit with the Clerk of Court after the auction.


Restraining Orders in Wisconsin (publication)

VINE - Victim Information and Notification for TROs
Instructions:  (1) Click on state; (2) Click on the "Search" tab (you can search for offender or court case information by entering the offender name or identification number); (3) Register for notification (select the method of notification, create a PIN, then click "continue"); (4) Click "Register" to complete. You will now be registered to receive notification when an offender's custody status or court event changes.

TRO Brochures are available at N/C in the Clerk of Court office (Harassment, Child Abuse, Domestic Abuse)

 

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