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806.03.Judgment on admitted claim; order to satisfy.

Ch. 806: Judgment · Last amended 1976 · Last verified July 15, 2026

In one sentenceSection 806.03 lets a plaintiff suing on an express contract for a fixed sum of money get quick judgment from the clerk of court, without a judge’s separate ruling, for whatever part of the claim the defendant’s answer admits, when the defendant raises no other defense.

Full Text of Section 806.03

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In an action on an express contract for the recovery of a liquidated sum of money only, if the answer admits any part of the plaintiff’s claim or if the answer sets up a counterclaim for an amount less than the plaintiff’s claim and contains no other defense to the action, the clerk, on motion of the plaintiff, shall render and enter judgment for the amount so admitted or for the amount claimed in the complaint less the amount of the defendant’s counterclaim. When the defendant admits part of the plaintiff’s claim to be just, the court, on motion, may order the defendant to satisfy that part of the claim and may enforce the order as it enforces a judgment or provisional remedy.

Official Notes

Judicial Council Committee’s Note, 1976: A clerk of court is permitted under s. 806.06 (2) to render the judgment described in ss. 806.02 (4) and 806.03. [Re Order effective Jan. 1, 1977]

Plain-English Summary

Section 806.03 speeds up a narrow category of cases: actions on an express contract seeking recovery of a liquidated sum of money and nothing else. If the defendant’s answer admits any part of the plaintiff’s claim, or sets up a counterclaim for less than the full claim and raises no other defense, the plaintiff can move the clerk of court to render and enter judgment for the admitted amount, or for the claimed amount minus the counterclaim.

The section also covers a related but distinct situation: a defendant who admits part of the claim is just, without necessarily conceding the whole case. There, the court, on motion, can order the defendant to satisfy that admitted portion, and can enforce that order the same way it enforces a judgment or a provisional remedy.

Because the clerk, rather than a judge, renders and enters this kind of judgment, it works together with the judgment-mechanics rules elsewhere in this chapter that let a clerk sign a judgment on a judge’s written direction.

Frequently Asked Questions

Can I get judgment on the part of my claim the defendant admits owing?

Yes, if you are suing on an express contract for a liquidated sum of money and the defendant’s answer admits part of the claim without raising any other defense. Section 806.03 lets the clerk of court render and enter judgment for the admitted amount on your motion.

Does a judge have to personally rule on this kind of judgment?

No. Section 806.03 has the clerk of court render and enter the judgment on the plaintiff’s motion. A related provision in this chapter permits a clerk to sign a judgment upon the judge’s written order, which is the mechanism that makes this quick judgment possible.

What if the defendant’s answer includes a counterclaim for less than my claim?

The clerk enters judgment for the amount claimed in the complaint minus the amount of the defendant’s counterclaim, as long as the answer raises no other defense.

Does this section apply to any kind of contract dispute?

No. It applies only to an action on an express contract for the recovery of a liquidated sum of money and nothing else.

Can the court order the defendant to pay just the part of the claim admitted to be just?

Yes. When the defendant admits part of the plaintiff’s claim to be just, the court, on motion, may order the defendant to satisfy that part, and may enforce that order the same way it enforces a judgment or a provisional remedy.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 718 (1975); Sup. Ct. Order, 73 Wis. 2d xxxi (1976).

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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