The defendant may at any time upon notice to the plaintiff move the court or the presid- ing judge thereof to vacate or modify the order directing delivery of the property for any sufficient cause. A motion to vacate or modify the order directing delivery of the property may be combined with a motion to increase the plaintiff’s security or excepting to the sureties on the plaintiff’s bond.
810.05.Motion to vacate or modify.
Ch. 810: Replevin · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 810.05 lets a replevin defendant, at any time and on notice to the plaintiff, move the court or presiding judge to vacate or modify the order directing delivery of the property for any sufficient cause, and lets that motion be combined with a request to increase the plaintiff’s security or challenge the sureties on the plaintiff’s bond.
Full Text of Section 810.05
Plain-English Summary
The order that lets a replevin plaintiff take possession of property before final judgment is not the last word for the defendant. Section 810.05 lets the defendant, at any time, move the court or the presiding judge to vacate or modify that delivery order for any sufficient cause, as long as the plaintiff has notice of the motion.
The same motion can do more than challenge the order itself. Section 810.05 lets a defendant combine the motion to vacate or modify with a request to increase the plaintiff’s security, or with an exception to the sureties on the plaintiff’s bond, so the defendant does not need separate filings to raise related concerns about the adequacy of the plaintiff’s bond.
Frequently Asked Questions
Can a replevin defendant challenge the order that let the plaintiff take the property?
Yes. Section 810.05 lets the defendant, at any time, on notice to the plaintiff and for any sufficient cause, move to vacate or modify the order directing delivery of the property.
Do I have to give the plaintiff notice before moving to vacate the delivery order?
Yes, the motion requires notice to the plaintiff.
Is there a deadline for filing this motion?
No, Section 810.05 allows the defendant to move “at any time,” provided there is sufficient cause and notice to the plaintiff.
Can I also ask the court to increase the plaintiff’s bond in the same motion?
Yes, a motion to vacate or modify the delivery order may be combined with a motion to increase the plaintiff’s security.
Can I challenge the sureties on the plaintiff’s bond through this motion?
Yes, Section 810.05 lets the motion also be combined with excepting to the sureties on the plaintiff’s bond.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 810.05; 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 motion to vacate810.05 modify delivery orderchallenge replevin bond sureties wisconsinincrease plaintiff security replevin wisconsin