CHAPTER 815
EXECUTIONS
815.01 Judgments enforced.
815.02 Judgments, enforced by execution.
815.03 Executions, kinds.
815.04 Execution, when issued.
815.05 Execution, how issued; contents.
815.06 Execution, when returnable.
815.07 To what county issued.
815.08 Sheriff to endorse date of receipt.
815.09 Execution against debtor's person.
815.10 Execution against body only remedy, exception.
815.11 Writs of assistance.
815.12 Execution; death of person arrested.
815.14 Execution after debtor's death.
815.15 Execution after judgment creditor's death.
815.17 Execution; who acts on sheriff's death or removal.
815.18 Property exempt from execution.
815.19 Levy on personal property; appraisal.
815.195 Levy on real property; how made.
815.20 Homestead exemption definition.
815.205 Certain property of spouse exempt from execution.
815.21 Homestead, how set apart after levy.
815.24 Indemnity may be required.
815.25 Money applied; negotiable instruments sold.
815.29 Notice of sale of personal property, manner, adjournment.
815.31 Notice of sale of realty; manner; adjournment.
815.33 Execution; sale in parcels; limitation.
815.34 Execution sale without notice.
815.35 Execution; taking down notice.
815.36 Execution sale, want of notice, when immaterial.
815.37 Execution sale; officer not to purchase.
815.38 Execution, certificate of sale, recording.
815.39 Execution sale; redemption of real estate.
815.40 Execution sale; who may redeem.
815.43 Execution sale; redemption makes sale void.
815.44 Execution; purchaser's interest.
815.48 Execution sale; creditors may acquire title of preceding creditor.
815.52 Payment on acquisition of purchaser's or creditor's interest.
815.53 Execution sale; evidences of right of creditor to acquire title.
815.54 Execution sale, title when divested, action for injury to premises.
815.55 Execution sale; deed when to issue; limitation.
815.56 Sheriff's deed; grantee if purchaser dead.
815.57 Sheriff's deed, recovery of purchase price on eviction.
815.58 Execution sale; judgment, creditor's further remedy.
815.59 Contribution when lands of several are sold on execution.
815.61 Proceedings to recover contribution.
815.62 Lien, how preserved after execution sale; clerk's fee.
815.63 Sheriff's deed; writ of assistance.
815.64 Judgment lien, how discharged on redemption.
815.01
815.01
Judgments enforced. The owner of a judgment may enforce the same in the manner provided by law.
815.01 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.01.
815.02
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.
815.02 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.02;
1993 a. 486.
815.02 Annotation
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.
815.03
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.
815.03 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.03;
1993 a. 486.
815.04
815.04
Execution, when issued. 815.04(1)(a)
(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.
815.04(1)(b)
(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.
815.04(1)(c)
(c) No executions shall issue or any proceedings be commenced upon any judgment after 20 years from the rendition of the judgment.
815.04(2)
(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.
815.04 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.04;
1993 a. 486;
1995 a. 224.
815.05
815.05
Execution, how issued; contents. 815.05(1g)(a)
(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. The execution shall be directed to the sheriff or, except as provided for in par.
(b), to the coroner if the sheriff is a party or interested, and countersigned by the judgment owner or the owner's attorney. The execution shall intelligibly refer to the judgment, stating all of the following:
815.05(1g)(a)2.
2. The county where the judgment or a certified copy of the judgment or the transcript is filed.
