Chapter 815, EXECUTIONS

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.

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, pe…

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 …

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…

815.05 Execution, how issued; contents. (1g) (a) The execution shall be issued from and sealed with the seal of the court and signed by the clerk of circuit court where the judgment, a certified copy of the judgment, or the transcript of the municipal judge’s judgment is filed. T…

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 retai…

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 pr…

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. 19…

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 unsatisfi…

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 m…

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, 76…

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 an…

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 …

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 representat…

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. …

815.18 Property exempt from execution. 815.18(1)(1) Statutory construction. This section shall be construed to secure its full benefit to debtors and to advance the humane purpose of preserving to debtors and their dependents the means of obtaining a livelihood, the enjoyment of …

815.19 Levy on personal property; appraisal. 815.19(1)(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 th…

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.…

815.20 Homestead exemption definition. (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,…

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…

815.21 Homestead, how set apart after levy. (1) Whenever a levy shall be made upon lands of any person, the landowner may notify the officer making such levy, at any time before the sale, that the landowner claims an exempt homestead in such lands, giving a description thereof, a…

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,…

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…

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 (19…

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 b…

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…

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 …

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 als…

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…

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 s…

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 purchas…

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 l…

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 …

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 …

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)…

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…

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 w…

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 credi…

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…

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 t…

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 …

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…

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 …

815.58 Execution sale; judgment, creditor’s further remedy. The party for whose benefit real estate was sold on execution and the party’s personal representatives, upon recovery being had against him or her under s. 815.57 in consequence of any irregularity in such sale, may have…

815.59 Contribution when lands of several are sold on execution. (1) When lands of several persons shall be liable to satisfy any final judgment and the whole of such judgment or more than a due proportion thereof shall be paid by one of such persons or shall be levied upon the l…

815.61 Proceedings to recover contribution. In an action to compel contribution under s. 815.59 the court shall, in a proper case, permit the plaintiff to use the original judgment and issue execution thereon, for the amount which ought to be contributed by the lands subject to t…

815.62 Lien, how preserved after execution sale; clerk’s fee. To preserve the lien of the original judgment upon lands and subject them to sale on execution under s. 815.61, the person aggrieved shall, within 20 days after the payment for which he or she claims a contribution, fi…

815.63 Sheriff’s deed; writ of assistance. Whenever title has been perfected to any real estate sold on execution, or to any part or interest in the real estate, and the defendant in execution, or any other person claiming under the defendant by title accruing subsequently to the…

815.64 Judgment lien, how discharged on redemption. (1) When any judgment debtor or person claiming under the judgment debtor has redeemed the lands or any part of or interest in the lands sold on execution the person or officer to whom the redemption money was paid shall execute…