I'm in Waukesha County. There was a court order that the STBX should vacate the marital residence by July 31. She didn't. So at an Aug. 3 contempt hearing, an order for remedial contempt was issued which finally had teeth.
The court order (minus excess detail) said,
"Petitioner shall vacate the marital residence on Aug. 4 at noon. Should she fail to do so, respondent may present this Order to the Sheriff's Department and they shall immediately remove petitioner from the marital residence and shall immediately allow respondent to occupy the premises."
She didn't vacate, so I took the order to the Sheriff's office. They said something about a fee when I brought the order to the office but I told them, "No, the court ordered you to remove her and did not order me to pay for it."
With no further talk of payment, a Lieutenant and Deputy followed me in their car to the house. It took them three hours to "immediately" remove her.
This week, they sent me a bill for $60, listing me as the "responsible party". The date listed for the service is off by two days and there is no name nor signature on the "By: Deputy" line at the bottom under the "I hereby certify that the payment due is correct...".
There appears to have been a "certificate of service" filed, according to the WCCA online records, which also lists the same (incorrect) date.
What I'm wondering is, do they have the right to bill me for this?
First, I don't recall volunteering to be the "responsible party". Why don't they bill the STBX?!? It's her fault for not vacating by July 31 in compliance with the FIRST court order.
Second, what law (if any) gives the Sheriff's Department the right to charge citizens for doing what the COURT ordered them to do?
This was clearly a matter of the Sheriff acting as Bailiff to carry out the remedial contempt order. I don't think I'm supposed to have to PAY for what a bailiff is ordered to do.
Does anyone here know anything about this sort of thing?
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