Chapter 811, ATTACHMENT

811.001 Definitions. In this chapter: (1) “Defendant” includes the spouse or former spouse of the defendant if the action against the defendant is in connection with an obligation described under s. 766.55 (2). (2) “Property of his or her debtor” and “property of the defendant” i…

811.01 Attachment; municipal corporation. Any creditor may attach the property of his or her debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter. No writ of attachment shall be issued against a municipal corporation, as defined in s. 67.01 or t…

811.02 Writ; form and contents. The writ of attachment shall be issued by a judge or other judicial officer on the request of the plaintiff at any time before final judgment and after a summons and a complaint are filed. It shall be directed to the sheriff of some county in which…

811.03 Basis for attachment. 811.03(1)(1) On contract or judgment. Before any writ of attachment shall be executed the plaintiff or someone in the plaintiff’s behalf shall make and annex thereto an affidavit setting forth specific factual allegations to show that the defendant is…

811.04 Amendment to affidavit. The affidavit required by s. 811.03 may be amended at any time before the trial by the substitution of a new affidavit containing allegations of facts existing at the time of making the former affidavit. History: Sup. Ct. Order, 67 Wis. 2d 585, 758,…

811.06 Bond; justification. Before the writ of attachment is executed, a bond on the part of the plaintiff in a sum set by the judge or the judicial officer issuing the writ of attachment in an amount sufficient to provide adequate security to the defendant for any damages the de…

811.07 Additional security. In case the defendant is not satisfied with the amount specified in the bond or with the surety, the defendant may, upon 5 days’ notice to the plaintiff, apply to a judge for additional security and the judge may require the plaintiff to give and file …

811.08 Officer’s return. The officer executing the writ shall return thereon all of the officer’s proceedings and within 10 days from receipt of the bond shall file the writ, affidavit and bond with the clerk of the court. History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stat…

811.09 Alias writs. Alias writs of attachment may be issued to the sheriffs of different counties at any time before judgment. In such case a copy of the affidavit and bond annexed to the original writ shall be annexed to such alias writ. Such alias writs shall be executed and re…

811.10 Directions to sheriff; several writs. (1) The sheriff shall without delay seize so much of the property of the defendant, in the sheriff’s county, as will satisfy the demand of the plaintiff, with costs and expenses, and make an inventory thereof; the sheriff shall cause a…

811.11 Attachment of real estate. To attach real estate the sheriff shall record in the office of the register of deeds the writ with his or her certificate that by virtue of that writ he or she has attached all the interest of the named defendant in such real estate, describing …

811.12 What may be attached; how attached. All the property of the defendant, not exempt from execution, may be attached. Personal property shall be attached as upon an execution and the provisions respecting the levy of an execution thereon shall be applicable to an attachment. …

811.13 Indemnity to sheriff. If there is reasonable doubt as to the ownership of the property or as to its liability to be attached the sheriff may require sufficient security to indemnify the sheriff for attaching such property. History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975…

811.14 Sale of perishable property attached or garnisheed. When any property taken on a writ of attachment or received by the officer from any garnishee including actions appealed to the court, shall be likely to depreciate in value before the end of the action or the keeping the…

811.15 Care of property; collection of debts. The officer shall keep the property seized by the officer and the proceeds of such property as shall have been sold to answer any judgment which may be recovered in such action; and shall, subject to the direction of the court or judg…

811.16 Bond for release of property; estoppel. The defendant may, at any time before judgment, deliver to the officer who attached the defendant’s property a bond executed by 2 sureties, to the effect that they will, on demand, pay to the plaintiff the amount of the judgment, wit…

811.17 Exception to defendant’s sureties; release of property; costs. The officer shall give to the plaintiff a copy of the bond with notice of the time when the bond was delivered to him or her; and the plaintiff shall, within 3 days thereafter, give notice to the officer that h…

811.18 Vacation or modification of writ. The court or the presiding judge thereof may, at any time vacate or modify the writ of attachment upon motion of the defendant for any sufficient cause. A motion to vacate or modify may be combined with a motion to increase the plaintiff’s…

811.19 Hearing on motion to vacate or modify. A motion to vacate or modify shall be heard forthwith by the court. On the motion, the burden of proof shall be upon the plaintiff. If the defendant has made an assignment for the benefit of creditors, the assignees of the defendant m…

811.21 Damages, defendant when to recover. If the defendant prevails in the action or if the action be discontinued the damages sustained by the defendant by reason of the taking and detention or sale of any property attached by reason of any injury thereto shall be assessed and …

811.22 Return of property; damages on dismissal; entry in register’s office. When the defendant recovers judgment all the money or property held by any writ of attachment shall be delivered to him or her, subject to the plaintiff’s rights on appeal, and he or she may maintain an …

811.23 Judgment for plaintiff, how satisfied. When the plaintiff shall have recovered judgment in the action the sheriff or officer shall satisfy the same out of the property attached or received from any garnishee or otherwise, if sufficient therefor: 811.23(1)(1) By paying over…

811.24 Action by sheriff, who to prosecute. The actions herein authorized to be brought by the sheriff or officer may be prosecuted by the plaintiff or under the plaintiff’s direction, upon the delivery by the plaintiff to the sheriff or officer of an undertaking, with 2 sufficie…

811.25 Execution after defendant’s death. If any defendant whose property is attached shall die and the judgment is in favor of the plaintiff, the property attached shall be applied to the payment of the judgment and execution may be issued on such judgment and satisfied out of t…

811.26 Stranger may intervene. Any person not a party to the action, whose property is attached, may, at any time, either before or after judgment, be made a party upon the person’s application for the purpose of removing or discharging the attachment. The court may grant such su…