806.15.Lien of judgment; priority; statute may be suspended.
Ch. 806: Judgment · Last amended 1995 · Last verified July 15, 2026
Full Text of Section 806.15
Official Notes
NOTE: 1991 Wis. Act 301 contains legislative council notes. A judgment creditor who obtains a lien on land by docketing a judgment is not a purchaser for value, and the fact that a judgment creditor may be without notice of a prior equitable interest when the judgment is docketed is not sufficient to give the lien priority over that of a prior equitable mortgagee. The failure of notice does not inure to the benefit of a subsequent judgment creditor as the creditor does not part with any value in reliance on the misleading state of the debtor’s title. IFC Collateral Corp. v. Commercial Units, Inc., 51 Wis. 2d 41, 186 N.W.2d 214 (1971). By entering a judgment in the judgment and lien docket, a judgment creditor obtains a ten-year statutory lien on real property of the debtor located in the county in which the judgment is docketed, but it does not create a statutory lien on the debtor’s personal property. Instead, a judgment creditor obtains an unsecured, inchoate interest with regard to the debtor’s personal property, tangible and intangible, against which to levy. Execution, garnishment, and turnover orders applying property in satisfaction of a judgment are all methods of levying the judgment debtor’s personal property. Associated Bank N.A. v. Collier, 2014 WI 62, 355 Wis. 2d 343, 852 N.W.2d 443, 11-2597. In bankruptcy proceedings, the lien of a judgment obtained before discharge was not extinguished by discharge and could be applied to the proceeds of the bankruptcy sale of the real estate to which the lien attached. Wisconsin statutes do not provide that the lien is automatically extinguished by the discharge in bankruptcy; rather, they require an application by the discharged bankrupt to the court in which the judgment was entered, and the entry by that court of an order of satisfaction. In re Tillman Produce Co., 396 F. Supp. 500 (1975). Creditor’s Rights: After-Acquired Property. Norman. 56 MLR 137 (1972). Judgment Lien Claimants’ Rights Against Homestead Exemption Interests: An Equitable Distribution of Mortgage Foreclosure Sale Proceeds. Steinmetz. 1981 WLR 697. Bankruptcy and the Wisconsin judgment lien.
Plain-English Summary
Under Section 806.15, a judgment properly entered in the judgment and lien docket, showing the debtor’s residence, becomes a lien for ten years from the date of entry on all of that debtor’s real property in the county where the judgment was rendered, excluding homestead property exempt from execution. The lien reaches property the debtor owns at the time of entry and property the debtor acquires within that ten-year period.
Two situations can pause the running of that period. If the collection of the judgment or the sale of the property is delayed by law, and the creditor enters a dated notation such as “enforcement suspended by injunction” on the docket, the delay period after that entry does not count toward the ten years. And when an appeal is pending and the required bond or deposit to stay execution has been given, the trial court may, on motion after notice to the creditor, direct the clerk to enter “secured on appeal,” which stops the judgment from being a lien during the appeal. If the judgment is affirmed or the appeal is dismissed, the clerk enters “lien restored by affirmance” or “lien restored by dismissal of appeal,” dated, and the lien is restored — an entry that can be replicated in any other county where the judgment is docketed.
The section also limits the lien’s reach into a debtor’s spouse’s property. A lien under this section does not attach to property held by a person who is the judgment debtor’s spouse or former spouse and that is not also held by the debtor, unless the spouse is a named defendant, the spouse is named in the judgment itself, the underlying obligation is one determined to be a marital obligation, and either the property was expressly determined available to satisfy the obligation at the time the judgment was entered in the docket, or the property was acquired after that entry.
If a lien attaches this way to property that is exempt from execution and no execution has yet been issued, a person with an ownership interest in the property may seek a declaratory judgment if the judgment owner fails, within ten days of a demand, to execute a recordable release of the property from the lien.
Frequently Asked Questions
How long does a judgment lien last on real estate in Wisconsin?
Ten years from the date the judgment is entered, on real property the debtor owns at entry or acquires within that ten-year period, in the county where the judgment was rendered.
Does the lien attach to a debtor’s homestead?
No. Section 806.15 excludes homestead property that is exempt from execution.
Can the 10-year lien period be paused?
Yes. It is paused during a delay caused by law, such as an injunction, once the creditor enters a dated notation reflecting the delay, and it can also be suspended, with court approval and a bond, while an appeal is pending, through a “secured on appeal” entry.
Does a judgment against me attach to property owned only by my spouse?
Generally no, unless the spouse is a named defendant, the spouse is also named in the judgment, the obligation qualifies as a marital obligation, and either the property was expressly determined available to satisfy it when the judgment was docketed or the property was acquired afterward.
What can I do if a judgment lien wrongly attaches to my exempt property?
If the lien attached to property exempt from execution and no execution has issued, you may seek declaratory relief if the judgment owner fails, within ten days after a demand, to execute a recordable release of the property from the lien.
Amendment History
History: 1973 c. 211; Sup. Ct. Order, 67 Wis. 2d 585, 732 (1975); 1975 c. 200; 1985 a. 37, 135, 137, 145, 332; 1987 a. 393; 1991 a. 301; 1995 a. 224.