9H. 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. Wis. Stat. § 345.47(1).

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 under Wis. Stat. § 814.29(1)(d) and (2) the defendant hasn’t defaulted on a previous payment plan. Wis. Stat. § 345.47(4)(b)

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.