Opinion No. Oag 61-88, (1988)

DARWIN L. ZWIEG, District Attorney Clark County

You have asked for my opinion concerning the appropriate procedures to be used in seeking forfeitures for violations of statutes.

You have noted that under section 778.01, Stats., "[w]here a forfeiture imposed by statute shall be incurred it may be recovered in a civil action unless the act or omission is punishable by fine and imprisonment or by fine or imprisonment." Specifically, you ask whether the appropriate summons to be used in such an action is the form in section 968.04(3)(b), or the one in section 801.095. Examples of the forfeiture…