Upon the issuance of an order making a factual determination set forth in s. 810.02 and upon the execution of a bond in an amount approved by the judge or judicial officer and with sufficient sureties approved by the judge or judicial officer, to secure the value of the property, the prosecution of the action, the return of the property to the defendant, if the return thereof be adjudged, and payment to the defendant of such sum as may be recovered against the plaintiff, the sheriff shall then take the property from the defendant or such persons as are acting on behalf of, in concert with or under control of the defendant, and deliver possession of the property to the plaintiff.
810.03.Requisition to sheriff.
Ch. 810: Replevin · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 810.03 directs the sheriff to seize the property from the defendant and deliver it to the plaintiff once a judge or judicial officer has made the required findings under Section 810.02 and the plaintiff has posted an approved bond covering the property’s value, the case, the property’s possible return, and any judgment against the plaintiff.
Full Text of Section 810.03
Plain-English Summary
Two things have to happen before a Wisconsin sheriff acts on a replevin order. First, a judge or judicial officer has to have issued an order making the factual determination Section 810.02 requires. Second, the plaintiff has to execute a bond, in an amount and with sureties the judge or judicial officer approves, that secures four things: the value of the property, the prosecution of the action, the return of the property to the defendant if that is what the case ultimately requires, and payment to the defendant of any sum recovered against the plaintiff.
Once both conditions are met, Section 810.03 puts the sheriff to work: the sheriff takes the property from the defendant, or from anyone acting on the defendant’s behalf, in concert with the defendant, or under the defendant’s control, and delivers possession of the property to the plaintiff.
Frequently Asked Questions
What has to happen before a Wisconsin sheriff can take property in a replevin case?
A judge or judicial officer must have issued an order making the factual determination required by Section 810.02, and the plaintiff must have executed an approved bond.
What does the replevin bond required by Section 810.03 have to cover?
The value of the property, the prosecution of the action, the return of the property to the defendant if that is adjudged, and payment to the defendant of any sum recovered against the plaintiff.
Who approves the bond amount and sureties?
The judge or judicial officer.
Can the sheriff take the property from someone other than the named defendant?
Yes, Section 810.03 lets the sheriff take the property from the defendant or from persons acting on behalf of, in concert with, or under the control of the defendant.
What does the sheriff do with the property once it is taken?
Delivers possession of the property to the plaintiff.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.03; 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
Also known as: wisconsin replevin bond requirements810.03 sheriff seize propertyreplevin sheriff requisition wisconsinposting bond for replevin wisconsin