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810.01.Replevin, plaintiff may claim delivery.

Ch. 810: Replevin · Last amended 1977 · Last verified July 15, 2026

In one sentenceSection 810.01 gives a replevin plaintiff the right to claim delivery of the disputed property before final judgment, following the procedure the rest of chapter 810 sets out.

Full Text of Section 810.01

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The plaintiff in a replevin action may claim the delivery of the property prior to final judgment in the manner provided in this chapter.

Plain-English Summary

Section 810.01 opens Wisconsin’s replevin chapter with the basic right the chapter exists to protect: a plaintiff in a replevin action may claim delivery of the property at issue before final judgment, rather than waiting until the case concludes. The section itself does not spell out how that claim gets made -- it points to “the manner provided in this chapter,” meaning the order, bond, and sheriff’s-requisition steps the remaining sections set out.

That structure matters because replevin exists precisely to let someone who claims wrongful possession of property get it back while the case is still pending, instead of only after a final judgment resolves who is entitled to it. Section 810.01 establishes that this early delivery is available; the sections that follow supply the safeguards -- a judge’s factual findings and a bond -- that make it possible.

Frequently Asked Questions

What does replevin mean under Wisconsin law?

Section 810.01 describes it through its central mechanism: an action in which a plaintiff may claim delivery of disputed property before final judgment.

Can I get disputed property back before my case is finished?

Yes. Section 810.01 lets a replevin plaintiff claim delivery of the property before final judgment, following the manner set out in chapter 810.

Do I have to wait until final judgment to seek delivery of the property?

No, that is the point of this section -- delivery can be claimed before final judgment.

What procedure do I have to follow to claim early delivery of property?

The manner provided in chapter 810, meaning the order, bond, and sheriff’s-requisition steps set out in the sections that follow this one.

Does filing under Section 810.01 guarantee I get the property immediately?

No, this section establishes the right to claim delivery; obtaining it requires satisfying the order and bond requirements in the sections that follow.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.01; 1977 c. 308.

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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