Poverty is defined under Wisconsin law as a person who meets the following requirements:

1. The person receives means-tested public assistance such as relief provided to families with dependent children, medical assistance, supplemental security income, Food Share (SNAP), certain veterans benefits, etc.;

2. The person is represented by an attorney through a legal services program for indigent people (People represented by a LIFT Dane or Legal Action volunteer attorney meet this criterion) or

3. The person is otherwise unable to pay the costs of the action due to poverty.

Asserting Poverty in Municipal Court

For forfeitures prior to any sanctions for nonpayment: If the person shows up in court and can show inability to pay due to poverty, the judge must give the person the opportunity to pay in affordable installments or to perform community service.

If a person’s license has been suspended, the person can still ask for an installment plan due to poverty. The judge must end the suspension and allow the person to pay in installments. The person must not have previously failed to fulfill an installment plan in order to take advantage of this option.

If a defendant fails to pay a monetary judgment ordered by the court, the court may order suspension of the defendant’s operating privilege for up to one year. However, during the suspension, the person may request the court reconsider based on an inability to pay due to poverty. If nonpayment is due to poverty, the court shall withdraw the suspension and grant the defendant time to pay, and order one or more other sanctions including community service.

The court has the power to order installments, modify the payments, or modify, suspend, or permanently stay a monetary judgment, or order that the judgment be satisfied by community service. This means that at any time, the court could allow for a payment plan or modify the fine. The court could also order community service instead of paying the judgment, at any time.

Asserting Poverty in Circuit Court

Now, we will move on to asserting poverty in circuit court. Prior to suspension, if the court determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay in installments.

After a suspension, the court shall terminate the suspension and institute an installment payment plan if (1) the defendant can’t pay because of poverty and (2) the defendant hasn’t defaulted on a previous payment plan.

Although the circuit court statutes do not mention community service, modifications, or stays, you can advocate for these based on public policy, the Constitution, and the court’s inherent authority.

You can a sample motion form to ask for a poverty hearing here. You can use this form in both Municipal and Circuit Court. If in Circuit Court, just put the name of the county at the top and remove the references to a city or municipal citation.