reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.76 - Surcharges in criminal actions.

814.76
Surcharges in criminal actions.
In addition to any fine imposed in a criminal action, a defendant shall pay the following surcharges if applicable:
(1g)
The commercial fish protection surcharge under s. 29.984.
(1j)
The child pornography surcharge under s. 973.042.
(1m)
The consumer information surcharge under s. 100.261.
(2)
The crime laboratories and drug law enforcement surcharge under s. 165.755.
(4)
The crime victim and witness surcharge under s. 973.045.
(4m)
The crime prevention funding board surcharge under s. 973.0455.
(5)
The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).
(6)
The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
(7)
The driver improvement surcharge under s. 346.655.
(7g)
The safe ride program surcharge under s. 346.657.
(7m)
The ignition interlock surcharge under s. 343.301 (5).
(8)
The drug abuse program improvement surcharge under s. 961.41 (5).
(9)
The drug offender diversion surcharge under s. 973.043.
(10)
The environmental surcharge under s. 299.93.
(10m)
The Great Lakes resource surcharge under s. 29.9905.
(11)
The jail surcharge under s. 302.46 (1).
(12)
The natural resources surcharge under s. 29.987 or 169.46 (1).
(13)
The natural resources restitution surcharge under s. 29.989 or 169.46 (2).
(14)
The penalty surcharge under s. 757.05.
(15)
The restitution surcharge under s. 973.06 (1) (g) or 973.20 (11) (a).
(15m)
The supplemental food enforcement surcharge under s. 253.06 (4) (c).
(16)
The truck driver education surcharge under s. 349.04.
(17)
The uninsured employer surcharge under s. 102.85 (4).
(18)
The weapons surcharge under s. 167.31 (5).
(19)
The wild animal protection surcharge under s. 29.983.
(20)
The wildlife violator compact surcharge under s. 29.99.
History:  2003 a. 139; 2005 a. 25, 282, 288; 2005 a. 433 ss. 13 to 14; 2007 a. 20, 84, 97; 2009 a. 28, 100; 2013 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.77 - Surcharges in ch. 23 forfeiture actions.

814.77
Surcharges in ch. 23 forfeiture actions.
In addition to any forfeiture imposed in an action under s. 23.50, a defendant shall pay the following surcharges if applicable:
(1g)
The commercial fish protection surcharge under s. 29.984.
(1m)
The court support services surcharge under s. 814.85.
(2)
The crime laboratories and drug law enforcement surcharge under s. 165.755.
(3m)
The crime victim and witness assistance surcharge under s. 973.045 (1m).
(4)
The delinquency victim and witness surcharge under s. 938.34 (8d) (a).
(5)
The environmental surcharge under s. 299.93.
(5m)
The fishing net removal surcharge under s. 29.991.
(6)
The fishing shelter removal surcharge under s. 29.985.
(6m)
The Great Lakes resource surcharge under s. 29.9905.
(7)
The jail surcharge under s. 302.46 (1).
(8)
The justice information system surcharge under s. 814.86 (1).
(9)
The natural resources surcharge under s. 29.987 or 169.46 (1).
(10)
The natural resources restitution surcharge under s. 29.989 or 169.46 (2).
(11)
The penalty surcharge under s. 757.05.
(12)
The snowmobile registration restitution surcharge under s. 350.115.
(13)
The special prosecution clerks surcharge under s. 814.86 (1m).
(14)
The weapons surcharge under s. 167.31 (5).
(15)
The wild animal protection surcharge under s. 29.983.
(16)
The wildlife violator compact surcharge under s. 29.99.
History:  2003 a. 139; 2005 a. 25, 282, 288; 2007 a. 84, 97.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.78 - Surcharges in ch. 66 forfeiture actions.

814.78
Surcharges in ch. 66 forfeiture actions.
In addition to any forfeiture imposed in an action under s. 66.0113 or 66.0114, a defendant shall pay the following surcharges if applicable:
(1)
The consumer information surcharge under s. 100.261.
(2)
The court support services surcharge under s. 814.85.
(3)
The crime laboratories and drug law enforcement surcharge under s. 165.755.
(4m)
The crime victim and witness assistance surcharge under s. 973.045 (1m).
(5)
The delinquency victim and witness surcharge under s. 938.34 (8d) (a).
(7)
The driver improvement surcharge under s. 346.655.
(7g)
The safe ride program surcharge under s. 346.657.
(7m)
The ignition interlock surcharge under s. 343.301 (5).
(8)
The jail surcharge under s. 302.46 (1).
(9)
The justice information system surcharge under s. 814.86 (1).
(10)
The penalty surcharge under s. 757.05.
(11)
The special prosecution clerks surcharge under s. 814.86 (1m).
(12)
The truck driver education surcharge under s. 349.04.
History:  2003 a. 139; 2005 a. 25; 2007 a. 84; 2009 a. 100; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.79 - Surcharges in ch. 345 forfeiture actions.

814.79
Surcharges in ch. 345 forfeiture actions.
In addition to any forfeiture imposed in an action under s. 345.20, a defendant shall pay the following surcharges if applicable:
(1)
The court support services surcharge under s. 814.85.
(2)
The crime laboratories and drug law enforcement surcharge under s. 165.755.
(3m)
The crime victim and witness assistance surcharge under s. 973.045 (1m).
(4)
The delinquency victim and witness surcharge under s. 938.34 (8d) (a).
(4m)
The driver improvement surcharge under s. 346.655.
(4p)
The safe ride program surcharge under s. 346.657.
(4r)
The ignition interlock surcharge under s. 343.301 (5).
(5)
The jail surcharge under s. 302.46 (1).
(6)
The justice information system surcharge under s. 814.86 (1).
(7)
The penalty surcharge under s. 757.05.
(8)
The railroad crossing improvement surcharge under s. 346.177, 346.495, or 346.65 (4r).
(9)
The special prosecution clerks surcharge under s. 814.86 (1m).
(10)
The truck driver education surcharge under s. 349.04.
History:  2003 a. 139; 2005 a. 25; 2007 a. 84; 2009 a. 100; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.80 - Surcharges in ch. 778 forfeiture actions.

814.80
Surcharges in ch. 778 forfeiture actions.
In addition to any forfeiture imposed in an action under ch. 778, a defendant shall pay the following surcharges if applicable:
(1)
The consumer information surcharge under s. 100.261.
(2)
The court support services surcharge under s. 814.85.
(3)
The crime laboratories and drug law enforcement surcharge under s. 165.755.
(4m)
The crime victim and witness assistance surcharge under s. 973.045 (1m).
(5)
The delinquency victim and witness surcharge under s. 938.34 (8d) (a).
(6)
The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
(7)
The jail surcharge under s. 302.46 (1).
(8)
The justice information system surcharge under s. 814.86 (1).
(9)
The penalty surcharge under s. 757.05.
(10)
The special prosecution clerks surcharge under s. 814.86 (1m).
(11)
The supplemental food enforcement surcharge under s. 253.06 (4) (c).
History:  2003 a. 139; 2005 a. 25; 2007 a. 20, 84; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.81 - Surcharges in ch. 800 forfeiture actions.

814.81
Surcharges in ch. 800 forfeiture actions.
In addition to any forfeiture imposed in an action under ch. 800, a defendant shall pay the following surcharges if applicable:
(1)
The consumer information surcharge under s. 100.261.
(3)
The crime laboratories and drug law enforcement surcharge under s. 165.755.
(6)
The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
(7)
The jail surcharge under s. 302.46 (1).
(9)
The penalty surcharge under s. 757.05.
History:  2003 a. 139; 2007 a. 84.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.85 - Court support services surcharge.

814.85
Court support services surcharge.
(1)
(a)
Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
(b)
Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $169 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).
(c)
Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $51 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).
(d)
The court support services surcharge is in addition to the other fees listed in this subsection.
(2)
The clerk shall pay the moneys collected under sub. (1) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p).
History:  1993 a. 16; 1995 a. 27, 201, 417; 2001 a. 109; 2003 a. 30, 33; 2003 a. 139 ss. 197 to 200; Stats. 2003 s. 814.85; 2003 a. 326 ss. 123 to 125; 2005 a. 455; 2009 a. 28, 100.
2023 Wisconsin Statutes & Annotations › Chapter 814 - Court costs, fees, and surcharges. › 814.86 - Justice information system surcharge and special prosecution clerks surcharge.

814.86
Justice information system surcharge and special prosecution clerks surcharge.
(1)
Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).
(1m)
Beginning on October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a surcharge under sub. (1), he or she shall also charge and collect a $3.50 special prosecution clerks surcharge. The special prosecution clerks surcharge is in addition to the surcharge listed in sub. (1).
(2)
The clerk shall pay the moneys collected under subs. (1) and (1m) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p).
History:  1987 a. 27; 1989 a. 22; 1991 a. 26, 39; 1993 a. 16; 1995 a. 27, 201; 1997 a. 27; 1999 a. 9; 2003 a. 30, 33; 2003 a. 139 s. 201; Stats. 2003 s. 814.86; 2003 a. 326; 2005 a. 25, 455; 2009 a. 28, 100.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.01 - Judgments enforced.

815.01
Judgments enforced.
The owner of a judgment may enforce the same in the manner provided by law.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.01.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.02 - Judgments, enforced by execution.

815.02
Judgments, enforced by execution.
A judgment which requires the payment of money or the delivery of property may be enforced in those respects by execution. Where it requires the performance of any other act a certified copy of the judgment may be served upon the party, person or officer who is required to obey the same, and if he or she refuse he or she may be punished for contempt, and his or her obedience enforced.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.02; 1993 a. 486.
No provision in this chapter or case law prevents a land contract vendor from filing a strict foreclosure action or obtaining a judgment of strict foreclosure because a judgment lienholder has already filed an action for foreclosure of a judgment lien and sale of the property nor is there authority that suggests a circuit court has discretion to dismiss a strict foreclosure action for that reason. The land contract vendor may choose the remedy it wishes to pursue, including strict foreclosure. Republic Bank of Chicago v. Lichosyt, 2007 WI App 150, 303 Wis. 2d 474, 736 N.W.2d 153, 06-1578.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.03 - Executions, kinds.

815.03
Executions, kinds.
There are 3 kinds of executions: one against the property of the judgment debtor, another against the judgment debtor's person, and the 3rd for the delivery of property, or such delivery with damages for withholding the same. They are the process of the court, and shall be as prescribed by s. 815.05.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.03; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.04 - Execution, when issued.

815.04
Execution, when issued.
(1)
(a)
Upon any judgment of a court of record perfected as specified in s. 806.06 or any judgment of any other court entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the rendition of the judgment. When an execution has been issued and returned unsatisfied in whole or in part other executions may issue at any time upon application of the judgment creditor.
(b)
If no execution on a judgment as described in par. (a) is issued within 5 years after the rendition of the judgment, or, if application is made by one other than the judgment creditor, execution may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is served in a court of record. If the judgment debtor is absent or a nonresident, service of the notice may be by a class 3 notice, under ch. 985, or in any other manner that the court directs. Application shall be by the petition of the judgment creditor or of the assignee, setting forth that the judgment or a portion of the judgment remains unpaid, and that the petitioner is the bona fide owner of the judgment, for value.
(c)
No executions shall issue or any proceedings be commenced upon any judgment after 20 years from the rendition of the judgment.
(2)
When the sheriff holds an execution against property any person indebted to the judgment debtor may pay to the sheriff the amount of the indebted person's debt not exempt from execution or so much thereof as shall be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.04; 1993 a. 486; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.06 - Execution, when returnable.

815.06
Execution, when returnable.
Every execution shall be made returnable, within 60 days after its receipt by the officer, to the clerk of the court from which it issued but if the officer has levied upon property previous to the expiration of the 60 days the officer may retain such execution until the officer has sold the property. The officer shall state in the officer's return how the officer executed the writ.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.06; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.07 - To what county issued.

815.07
To what county issued.
When the execution is against the property of the judgment debtor, the execution may be issued to the sheriff of any county where the judgment is entered in the judgment and lien docket. When the execution requires the delivery of real or personal property, the execution shall be issued to the sheriff of the county where the property or some part of the property is situated. Executions may be issued at the same time to different counties.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.07; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.08 - Sheriff to endorse date of receipt.

815.08
Sheriff to endorse date of receipt.
Upon receipt of any execution the sheriff or other officer shall endorse thereon the year, month, day and hour of the day when the sheriff or other officer received the same.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.08; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.09 - Execution against debtor's person.

815.09
Execution against debtor's person.
If the action be one in which the defendant might have been arrested, as provided in ch. 818, an execution against the person of the judgment debtor may be issued after the return of an execution against the defendant's property unsatisfied in whole or in part; but if the defendant be imprisoned on execution in another action, or upon mesne process in the same action, an execution may issue against the defendant's body without any previous execution against the defendant's property.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.09; Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.10 - Execution against body only remedy, exception.

815.10
Execution against body only remedy, exception.
When a party shall have been arrested on an execution no other execution upon the same judgment can be issued against the party or the party's property except as provided by s. 898.10; but if the party shall escape the party may be retaken by a new execution against the party's body or an execution against the party's property may be issued in the same manner as if the party had never been arrested on execution.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.10; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.11 - Writs of assistance.

815.11
Writs of assistance.
When any order or judgment is for the delivery of possession of property real or personal the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.11.
Cross-references:  Section 815.11 is the general rule for writs of execution or assistance to enforce orders or judgments for delivery of possession of real or personal property. The following are special provisions for writs of execution or assistance:
ss. 32.05 (8), 32.06 (9) (c) Condemnation proceedings.
s. 779.12 Lien foreclosure.
s. 799.44 Eviction actions.
s. 815.63 Sale of land upon execution.
s. 842.19 Partition.
s. 843.17 Actions for possession of real property.
s. 846.17 Real estate foreclosure.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.12 - Execution; death of person arrested.

815.12
Execution; death of person arrested.
If any person arrested on execution shall die while under arrest a new execution may issue against the deceased's property in the same manner as if the deceased had never been arrested; but such new execution shall not be levied upon any real estate which the deceased shall have sold in good faith nor upon any real estate which shall have been sold under any other judgment against the deceased.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.12; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.14 - Execution after debtor's death.

815.14
Execution after debtor's death.
After the expiration of one year from the death of a judgment debtor execution may be issued against any property upon which the judgment was a lien at the time of the debtor's death, and may be executed in the same manner and with the same effect as if the debtor were still living; but no such execution shall issue except upon an order, made upon sufficient cause shown. If such judgment be against such deceased debtor and others jointly execution may issue against surviving judgment debtors without delay.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.14; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.15 - Execution after judgment creditor's death.

815.15
Execution after judgment creditor's death.
If the judgment creditor dies before satisfaction of the judgment, an execution may be issued by the judgment creditor's attorney of record in the name of the decedent or in the name of the judgment creditor's personal representative. Before an execution shall issue in the name of a personal representative, the personal representative shall file with the clerk a copy of the letters testamentary or other letters authorizing the administration of the decedent's estate, which the clerk shall file with the other papers in the action or proceeding. The clerk shall also enter at the foot of the judgment, in the judgment record, the fact of the death of the judgment creditor and the name and date of appointment of the personal representative. The moneys collected on the judgment shall be paid to the judgment creditor's personal representative, but if there is no personal representative, the moneys collected on the judgment shall be paid to the clerk of the court.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.15; 1983 a. 302 s. 8; 1993 a. 486; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.17 - Execution; who acts on sheriff's death or removal.

815.17
Execution; who acts on sheriff's death or removal.
If any sheriff shall die or be removed from office before the execution be returned, the deceased sheriff's undersheriff or deputy shall proceed thereon in the same manner as the sheriff might have done.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.17; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.19 - Levy on personal property; appraisal.

815.19
Levy on personal property; appraisal.
(1)
Personal property shall be bound from the time it is seized. Whenever personal property is seized on attachment or execution and any part of the property is exempt therefrom and the exemption is claimed by the debtor or the debtor's spouse, the officer making the seizure shall, upon request by either of them, or may upon the officer's motion, cause the exempt property to be appraised by 2 disinterested freeholders of the county, who shall first be sworn by the officer to make a true appraisement thereof, which appraisement shall be in writing, be signed by the appraisers and be prima facie evidence of the value of the property appraised. The appraisement, together with the true inventory of all the property seized, shall be returned with the writ. The fees of the appraisers are prescribed in s. 814.72.
(2)
If the property seized is an automobile which is appraised and can be sold for more than $1,000 or if the property seized is a tractor used in farming operations which is appraised and can be sold for more than $1,500, the officer may sell such automobile or tractor and out of the proceeds of such sale the officer shall pay to the debtor or the debtor's spouse the exempted value of such automobile or tractor. The balance of the proceeds of such sale shall be applied on the execution or attachment.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); 1975 c. 94 s. 91 (3); 1975 c. 199; Stats. 1975 s. 815.19; 1979 c. 355; 1981 c. 317; 1983 a. 186.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.195 - Levy on real property; how made.

815.195
Levy on real property; how made.
Levy of execution on real property is made by endorsing on the execution a description of the property on which the levy was made, and recording the execution, so endorsed, in the office of the register of deeds.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.195; 1993 a. 301.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.205 - Certain property of spouse exempt from execution.

815.205
Certain property of spouse exempt from execution.
(1)
Property described in s. 806.15 (4) (intro.) is exempt from execution on a judgment lien that attaches to that property under s. 806.15 (4) (b) if the property is not available under s. 766.55 to satisfy the obligation for which the judgment was rendered.
(2)
(a)
If execution is issued in connection with the enforcement of a judgment lien on property that is exempt under sub. (1) from execution on the judgment lien, a person with an ownership interest in the property other than the judgment debtor may, at any time before the sale of the property, notify the officer making the levy that the property is exempt from execution. The person making the notification of the exemption shall provide the officer with a description of the property.
(b)
If notification is made under par. (a), sale of the property is stayed if, within 5 days after the notification, demand on the owner of the judgment is made by a person with an ownership interest in the property other than the judgment debtor for a recordable release of the property from the judgment. If within 5 days after the demand the owner of the judgment fails to execute the recordable release, the stay on the sale of the property continues if a person with an ownership interest in the property other than the judgment debtor commences an action under s. 806.04 for declaratory relief within 15 days after the demand was made. The stay on the sale of the property continues until the court determines whether the property is exempt under sub. (1). If no action under s. 806.04 is commenced within the required period, the stay lapses on the expiration of the required period.
(c)
If the sale of property is stayed under this subsection, no additional stay on the sale of that property is available under this subsection, regardless of whether the additional stay is sought by the person who initially gave notice under par. (a) or by any other person with an ownership interest in the property.
History:  1991 a. 301.
NOTE:  1991 Wis. Act 301 contains extensive legislative council notes.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.24 - Indemnity may be required.

815.24
Indemnity may be required.
If there is any reasonable doubt as to the ownership of the property or as to its liability to be taken on the execution the officer may require sufficient security to indemnify the officer for levying upon such property.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.24; 1993 a. 486.
The term “reasonable" requires that the officer provide a reason for requiring security. Ter Maat v. Barnett, 156 Wis. 2d 737, 457 N.W.2d 551 (Ct. App. 1990).
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.25 - Money applied; negotiable instruments sold.

815.25
Money applied; negotiable instruments sold.
Upon executions against property the officer shall levy upon any current money of the United States and shall pay and return the same without exposing it for sale, and the officer may also levy upon and sell any evidences of debt circulated as money, or a bond or other instrument for the payment of money which is negotiable or payable to the bearer or holder.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.25; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.26 - Equities sold.

815.26
Equities sold.
When personal property is subject to a security interest, the right and interest of the debtor in such property may be sold on execution against the debtor, subject to the rights, if any, of the secured party.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.26; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.29 - Notice of sale of personal property, manner, adjournment.

815.29
Notice of sale of personal property, manner, adjournment.
(1)
No execution sale of personal property shall be made unless 20 days previous notice of such sale has been given by posting a notice thereof in one public place of the town or municipality where such sale is to be had and, if the county where such sale is to be had maintains a website, by posting a notice on the website. If the town or municipality where such sale is to be had maintains a website, the town or municipality may also post a notice on its website. The notice shall specify the time and place of sale but when any property seized is likely to perish or depreciate in value before the expiration of the 20 days the court or a judge may order the same to be sold in such manner and upon such terms as the best interests of the parties demand. Every such sale shall be made at auction between the hours of 9 a.m. and 5 p.m. and no property shall be sold unless it is in view of those attending the sale, except as provided in ss. 71.91 (5) (c) 2. and 108.22 (3) (b) and in the case of the sale of the interest of the judgment debtor in property in the possession of a secured party. It shall be offered for sale in such lots and parcels as is calculated to bring the highest price.
(2)
Such sale may be adjourned as provided in s. 815.31 for sale of real estate.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.29; 2009 a. 325; 2015 a. 55; 2017 a. 157; 2017 a. 365 s. 112.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.31 - Notice of sale of realty; manner; adjournment.

815.31
Notice of sale of realty; manner; adjournment.
(1)
The time and place of holding any sale of real estate on execution shall be publicly advertised by posting a written notice describing the real estate to be sold with reasonable certainty in one public place in the town or municipality where such real estate is to be sold and, if the county where such real estate is to be sold maintains a website, by posting a notice on the website, at least 3 weeks prior to the date of sale; and also in one public place of the town or municipality in which the real estate is situated, if it is not in the town or municipality where the sale is to be held and, if the county where such real estate is situated maintains a website, also posting a notice on the website. If the town or municipality where such real estate is situated or is to be sold maintains a website, the town or municipality may also post a notice on its website.
(2)
A copy of the notice of sale shall be printed each week for 3 successive weeks in a newspaper of the county prior to the date of sale.
(3)
If there be no newspaper published in the county and the premises are not occupied by any person against whom the execution is issued or by some person holding as tenant or purchaser under the person against whom the execution is issued, such notice shall be so published in a paper printed at Madison.
(4)
The court, or a judge, upon application of the party issuing the execution shall direct, by order, the newspaper in which the publication of the notice is to be made.
(5)
If at the time appointed for any such sale the sheriff considers it in the interest of all persons concerned, the sheriff may adjourn the sale from time to time, not exceeding in all 3 months. In case of such adjournment public notice thereof shall be given at the time and place fixed for the sale. If the adjournment shall be for more than one day further notice shall be given by posting or publishing the same, or both, as the time and circumstances may admit.
(6)
Every sale shall be at auction between 9 o'clock in the forenoon and 5 o'clock in the afternoon.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.31; 1993 a. 486; 2009 a. 325; 2011 a. 136; 2017 a. 365 s. 112.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.33 - Execution; sale in parcels; limitation.

815.33
Execution; sale in parcels; limitation.
When real estate offered for sale on execution consists of several lots, tracts or parcels they shall be separately offered for sale; and if any person claiming to be the owner of any of such lots or parcels or an interest or estate therein or claiming to be entitled to redeem the same shall require it to be offered for sale separately, the sheriff shall offer the same for sale accordingly. No more shall be sold than shall appear necessary to satisfy the execution.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.33.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.34 - Execution sale without notice.

815.34
Execution sale without notice.
Any officer who shall sell real estate upon execution without having given the previous notices directed by s. 815.31, or otherwise than in the manner prescribed by law, shall be liable to the party injured in the sum of $1,000 damage and also for the actual damages sustained.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.34.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.35 - Execution; taking down notice.

815.35
Execution; taking down notice.
If any person shall take down or deface any notice of a sale upon execution put up by any officer, previous to the day of sale therein specified, unless upon satisfaction of the execution or upon the consent of the parties to the action, such person shall be liable to the party suing out such execution in the sum of $50.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.35.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.36 - Execution sale, want of notice, when immaterial.

815.36
Execution sale, want of notice, when immaterial.
The omission of any officer to give the notice of execution sale required or the taking down or defacing of any such notice shall not affect the validity of any sale made to a purchaser in good faith, without notice of any such omission or offense.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.36.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.37 - Execution sale; officer not to purchase.

815.37
Execution sale; officer not to purchase.
The officer to whom any execution shall be directed and the officer's deputy holding any execution and conducting any sale in pursuance thereof shall not, directly or indirectly, purchase any property at such sale; and every purchase made by such officer or deputy, or to the officer's or deputy's use, shall be void.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.37; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.38 - Execution, certificate of sale, recording.

815.38
Execution, certificate of sale, recording.
(1)
Upon the sale of real estate on execution the officer making the same shall make out and subscribe duplicate certificates of such sale containing a particular description of the premises sold; the price bid for each distinct lot or parcel; the whole consideration money paid; and the time when such sale will become absolute and the purchaser will be entitled to a conveyance pursuant to law and shall record one of the duplicate certificates within 10 days after the sale in the office of the register of deeds and shall deliver the other to the purchaser. If there are 2 or more purchasers a certificate shall be delivered to each.
(2)
Promptly following every execution sale the sheriff shall return the execution into court and record with it a detailed report of his or her doings upon the execution.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.38; 1993 a. 301.
Cross-references:  See s. 59.32 (2) for provision that sheriff is to collect his fees on execution in the same manner as the sum collected under the writ.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.39 - Execution sale; redemption of real estate.

815.39
Execution sale; redemption of real estate.
(1)
Except as provided in sub. (2), within one year after an execution sale the real estate sold, or any lot, tract or portion that was separately sold, may be redeemed by the payment to the purchaser, to the purchaser's personal representatives or assigns, or to the sheriff of the county where the real estate is situated, for the use of such purchaser, of the sum paid on the sale thereof, together with the interest from the time of the sale.
(2)
If an execution sale is for a lien filed under s. 823.23 (5), the period of redemption under sub. (1) is 2 months.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.39; 1993 a. 486; 2001 a. 86.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.40 - Execution sale; who may redeem.

815.40
Execution sale; who may redeem.
(1)
Redemption from execution sale of real estate may be made by a person whose right and title was sold or, if the person is dead, by the person's devisee of the premises sold, and if the same shall not have been devised, by the deceased's heirs; or, by any grantee of such person who shall have acquired an absolute title to the premises sold, or to any lot, parcel or portion separately sold.
(2)
Any such heir or devisee or grantee who shall have acquired an absolute title to a portion of the estate sold or a portion of any lot, tract or parcel that shall have been separately sold may redeem the portion on the same terms and in the same manner as if the heir, devisee or grantee were grantee of the whole lot or parcel, and shall have the same remedy to enforce contributions from those who shall own the residue thereof as if the sum required to be paid by the heir, devisee or grantee to effect such redemption had been collected by a sale of the portion belonging to such grantee, heir or devisee.
(3)
If there be joint tenants or tenants in common in premises sold each tenant may redeem the share or interest belonging to that tenant by paying to the purchaser or officer, a sum that will bear the same proportion to the whole sum bid therefor as the redeemed share bears to the whole number of shares in such premises together with the interest.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.40; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.43 - Execution sale; redemption makes sale void.

815.43
Execution sale; redemption makes sale void.
Upon redemption of any real estate sold on execution, the sale of the premises redeemed and the certificates of such sale, so far as they relate thereto, shall be null and void.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.43.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.44 - Execution; purchaser's interest.

815.44
Execution; purchaser's interest.
(1)
Who may acquire. In case the premises sold on execution or any part of them are not redeemed within the year prescribed by ss. 815.39 (1) and 815.40 then the interest of the purchaser may be acquired within 3 months after the expiration of the redemption period by the persons and on the terms prescribed in this section.
(2)
Creditors, mortgagees, interest. Any creditor of the person against whom such execution issued having a judgment or a recorded mortgage which is a lien upon the premises sold, or upon any lot or parcel or portion separately sold, may within fifteen months from the time of such sale by paying the sum paid on the sale thereof, together with interest from the time of such sale, thereby acquire all the rights of the original purchaser, subject to be defeated in the manner mentioned in s. 815.48.
(3)
Sales of undivided interests. Any owner of such judgment or mortgage which is a lien upon any undivided share or interest in any real estate sold under execution, may, within the same time, on the same terms and in the same manner, acquire the title of the original purchaser to such share or interest by paying such part of the whole purchase money of such real estate as shall be in a just proportion to the amount of such share or interest.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.44; 1997 a. 254; 2001 a. 86.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.48 - Execution sale; creditors may acquire title of preceding creditor.

815.48
Execution sale; creditors may acquire title of preceding creditor.
Whenever any creditor shall acquire the title of the original purchaser, pursuant to s. 815.44, any other creditor who might have acquired such title may become a purchaser thereof from the first creditor who acquired the same upon the following conditions:
(1)
By paying to such first creditor, the first creditor's personal representatives or assigns the sum which the first creditor paid to acquire such title, together with interest thereon from the time of the first creditor's payment.
(2)
If the judgment or mortgage by virtue of which the first creditor acquired the title of the original purchaser be prior to the judgment or mortgage of such 2nd creditor and is still a lien as to such 2nd creditor the 2nd creditor shall also pay to such first creditor the amount due on the first creditor's judgment or mortgage.
(3)
In the same manner any third or other creditor who might have acquired the title of the original purchaser may become a purchaser thereof from the second, third or other creditor who may have become such purchaser from any other creditor, upon the terms and conditions before specified in this section.
(4)
If the original purchaser of any premises shall also be a creditor of the defendant against whom the execution issued, and as such might acquire the title of any purchaser according to the preceding provisions, the original purchaser may avail himself or herself of his or her judgment or mortgage, in the manner and on the terms prescribed, to acquire the title which any creditor may have obtained.
(5)
But the judgment creditor, under whose execution the real estate was sold cannot acquire the title of the original purchaser or of any creditor to the premises so sold by virtue of the judgment on which such execution issued.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.48; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.52 - Payment on acquisition of purchaser's or creditor's interest.

815.52
Payment on acquisition of purchaser's or creditor's interest.
The sums required to be paid to acquire the title of the original purchaser at the execution sale or to become a purchaser from any creditor may be paid to such purchaser or creditor, to the purchaser's or creditor's representative or assigns or to the then sheriff of the county where the real estate is situated; upon such payment being made the title of the original purchaser shall be thereby transferred to the creditor acquiring the same and from such creditor to any other creditor becoming a purchaser thereof.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.52; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.53 - Execution sale; evidences of right of creditor to acquire title.

815.53
Execution sale; evidences of right of creditor to acquire title.
To entitle any creditor to acquire the title of the original purchaser on the execution sale or to become a purchaser from any other creditor, the creditor shall exhibit to such purchaser or other creditor or to the sheriff the following evidences of the creditor's right:
(1)
A certified copy of the creditor's judgment or of the record of the creditor's mortgage.
(2)
A certified copy of all assignments of such judgment or mortgage which are necessary to establish the creditor's claim.
(3)
A certified copy of the creditor's letters testamentary or other letters authorizing the administration of the decedent's estate, in the case of a personal representative.
(4)
An affidavit of such creditor or his or her attorney, or agent stating the sum due on such judgment or the sum owing on such mortgage at the time of claiming such right to purchase. Within 3 days after making such acquisition such creditor shall record such evidences of his or her right in the office of the register of deeds of the county where the original certificate of sale is filed.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.53; 1993 a. 301, 486; 1995 a. 224; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.54 - Execution sale, title when divested, action for injury to premises.

815.54
Execution sale, title when divested, action for injury to premises.
The right and title of the person against whom the execution was issued, to any real estate which shall be sold thereby, shall not be divested by such sale until the expiration of fifteen months from the time of sale; and if such real estate shall not have been redeemed and a deed shall be executed in pursuance of a sale the grantee shall be vested with the legal estate from the time of the sale for the purpose of an action for an injury to such real estate.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.54.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.55 - Execution sale; deed when to issue; limitation.

815.55
Execution sale; deed when to issue; limitation.
If after the expiration of 15 months from the time of the sale of any real estate upon execution any part of the premises sold shall remain unredeemed, the sheriff of the county in which the real estate is situated shall, on demand, execute a deed for the unredeemed premises to the person entitled to the deed. The deed shall convey all of the right, title and interest which was sold upon the execution, except that no deed shall be issued after 20 years from the date of the sale.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.55; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.56 - Sheriff's deed; grantee if purchaser dead.

815.56
Sheriff's deed; grantee if purchaser dead.
If the person who would be entitled to a deed of real estate sold on execution dies before the delivery of that deed, the sheriff shall execute a deed to the decedent's personal representative who shall either hold the real estate in trust for the use of the heirs or devisees of the decedent, subject to the surviving spouse's right to elect under s. 861.02 (1), or sell the real estate for the payment of debts in the same manner as lands owned by the decedent.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); 1975 c. 94 s. 91 (5); 1975 c. 199; Stats. 1975 s. 815.56; 1983 a. 186; 1985 a. 37; 1987 a. 393 s. 53; 1997 a. 188; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 815 - Executions. › 815.57 - Sheriff's deed, recovery of purchase price on eviction.

815.57
Sheriff's deed, recovery of purchase price on eviction.
If the purchaser of real estate sold on execution, the purchaser's heirs or assigns shall be evicted from such real estate, or if in an action for the recovery thereof judgment shall be rendered against the purchaser or the purchaser's heirs or assigns in consequence of any irregularity in such sale, or of the judgment upon which such execution issued being vacated or reversed, the purchaser or the purchaser's heirs or assigns may recover of the party for whose benefit such real estate was sold the amount paid on the purchase thereof, with interest.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.57; 1993 a. 486.