The plaintiff may within 3 days after notification by the sheriff that the defendant demands a return of the property except to the defendant’s sureties by motion to the judge or judicial officer under s. 810.08 (2), and the judge or judicial officer shall determine the sufficiency of the sureties provided for the bond.
810.07.Justification of sureties.
Ch. 810: Replevin · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 810.07 gives the plaintiff three days after the sheriff reports the defendant’s demand for return of property to challenge the defendant’s sureties by motion, with a judge or judicial officer then deciding whether the sureties are sufficient.
Full Text of Section 810.07
Plain-English Summary
Once a defendant posts a bond under section 810.06 to get seized property back, the plaintiff gets a short window to question whether the people backing that bond are good for the money. The sheriff notifies the plaintiff that the defendant has demanded return of the property, and from that notice the plaintiff has three days to except to — that is, formally object to — the defendant’s sureties.
The plaintiff raises that objection by motion to the judge or judicial officer, under the procedure section 810.08 (2) sets out. It is then up to the judge or judicial officer, not the sheriff, to determine whether the sureties are sufficient to stand behind the bond.
This tight turnaround protects the plaintiff without stalling the case. If the plaintiff says nothing within three days, the sureties stand as offered and the property moves to the defendant; if the plaintiff objects in time, the question goes to a judge for a decision before the property changes hands.
Frequently Asked Questions
How long does a plaintiff have to challenge a defendant’s sureties under section 810.07?
Three days from the sheriff’s notification that the defendant has demanded return of the property.
What does it mean to except to the sureties?
It means formally objecting to them — telling the court the plaintiff does not believe the sureties are financially sufficient to back the bond.
Who decides whether the sureties are sufficient?
A judge or judicial officer, acting on the plaintiff’s motion under the procedure in section 810.08 (2), not the sheriff.
What happens if the plaintiff does not object within three days?
The section does not provide a separate remedy for a late objection, so the property proceeds to the defendant on the sureties already offered.
How does the plaintiff raise an objection to the sureties?
By motion to the judge or judicial officer, as section 810.07 directs.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975), 777; Stats. 1975 s. 810.07; 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: challenging sureties wisconsin replevinsection 810.07 wisconsinthree day objection to sureties wisconsinjustification of sureties replevin bond