At any time before final judgment the defendant may require the return of the property by executing and delivering to the sheriff a bond, executed by sufficient sureties to the effect that the defendant shall be bound to the sum of the bond for the delivery of the property thereof to the plaintiff, if the delivery be adjudged, and for the payment to the plaintiff of such sum as may be recovered against the defendant.
810.06.Return of property to defendant.
Ch. 810: Replevin · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 810.06 lets a defendant in a replevin action get seized property back before final judgment by posting a bond with sufficient sureties promising to deliver the property to the plaintiff if a court orders it, and to pay whatever the plaintiff recovers.
Full Text of Section 810.06
Plain-English Summary
When a sheriff seizes property under a replevin order, the defendant does not have to wait until trial to get it back. Section 810.06 lets the defendant reclaim possession at any point before final judgment by executing a bond and delivering it to the sheriff. The sureties on that bond back a specific promise: if the court later orders the property delivered to the plaintiff, the defendant will hand it over, and the defendant will pay the plaintiff whatever sum a judgment ultimately awards.
The bond does double duty. It substitutes for the property itself while the case is pending, giving the defendant use of the goods, and it guarantees the plaintiff a source of recovery if the plaintiff wins. Because the bond requires sufficient sureties, the defendant cannot get the property back on a bare promise alone — someone else has to stand behind it financially, a requirement the sections that follow spell out in detail.
Section 810.06 sets no outer time limit beyond “before final judgment,” so a defendant can invoke it at any stage of the case, from shortly after seizure through the eve of trial.
Frequently Asked Questions
Can a defendant get replevied property back before the trial ends?
Yes. Section 810.06 lets the defendant recover possession at any time before final judgment by giving the sheriff a bond backed by sufficient sureties.
What does the bond under section 810.06 promise?
It promises that the defendant will deliver the property to the plaintiff if a court adjudges delivery, and that the defendant will pay the plaintiff any sum recovered in the action.
Does the defendant need a cosigner to get the property back this way?
Yes. The bond must be executed by sufficient sureties — the defendant cannot reclaim the property on a personal promise alone.
Is there a deadline for the defendant to post this bond?
The section sets no fixed deadline other than that it must happen before final judgment, so the defendant may act at any point while the case is pending.
What happens to the bond if the plaintiff wins the case?
The sureties are bound, up to the sum of the bond, to see that the property is delivered to the plaintiff or that the plaintiff is paid the amount recovered.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 810.06; 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 for return of propertygetting seized property back before trial wisconsindefendant bond replevin wisconsinsection 810.06 wisconsin