806.09.Restitution in case of reversed judgment; purchaser for value.

When a judgment or part of one has been collected and is afterward set aside or reversed, Section 806.09 requires the trial court to order the amount restored, with interest running from the time of collection. If a new trial is ordered instead of an outright reversal, the party who already collected the judgment may keep the money pending the new trial, but only by posting a bond conditioned on restoring the amount with interest if the new trial goes against them. The order of restitution can be obtained on proof of the facts, after notice and motion, and it is enforced the same way a judgment is enforced. None of this affects or impairs the rights of a purchaser for value who bought in good faith and without notice.

The section also addresses what happens when a judgment is collected while a civil appeal to the court of appeals or supreme court is pending and the appellant has not stayed execution. If the sheriff or another officer collects all or part of the judgment during that time, the officer must deposit the amount collected, minus the officer’s fees, with the clerk of the court that issued the execution rather than turning it over to the judgment creditor. If the appeal results in reversal, restitution proceeds the same way as for any reversed judgment. If it results in affirmance, the clerk pays the deposit over to the judgment creditor once the remittitur from the appellate court is filed.