Assembly Bill 1138 introduces new procedural safeguards for eviction actions in small claims court, specifically addressing situations where a party does not comply with a stipulated judgment of dismissal. Under current law, a court can vacate a stipulated judgment and enter judgment against a noncomplying party without notifying them. The bill amends this process by requiring that, in eviction cases, the court may only vacate the judgment if prior written notice is given to the noncomplying party. Additionally, the bill stipulates that the court cannot enter judgment against the noncomplying party unless the complying party applies for entry, provides proof of noncompliance via affidavit, and demonstrates that proper notice was given, followed by an evidentiary hearing.

The bill renumbers and amends existing statute 799.24 (3) to create a new subsection (3)(b) that specifically outlines these requirements for eviction actions. The changes ensure that noncompliant parties are afforded notice and an opportunity to be heard before any judgment is entered against them, thereby enhancing fairness in the eviction process.