(1) The sureties, under this chapter, shall append to their bond their affidavits in which each shall swear that he or she is a resident freeholder and is worth the sum stated in the bond above his or her liabilities in property in this state not exempt from execution.
810.08.Affidavit and justification of sureties.
Ch. 810: Replevin · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 810.08 requires every surety on a chapter 810 bond to swear by affidavit that they own property in Wisconsin worth the bond amount above their debts, and sets the notice and justification process a judge uses to confirm that.
Full Text of Section 810.08
(2) The justification of sureties under this chapter shall be before a judge on not less than 2 nor more than 6 days’ notice. Each surety must swear that he or she is a resident freeholder in this state and is worth the sum stated in the surety’s bond above the surety’s liabilities in property in this state not exempt from execution. But if there are more than 2 sureties on any bond they may be accepted if they shall justify severally in sums which aggregate double the sum named in the bond.
Plain-English Summary
A bond is only as good as the people who sign it, so section 810.08 makes sureties prove their financial standing under oath. Subsection (1) requires each surety to attach an affidavit swearing that they are a resident freeholder — someone who owns real property in Wisconsin — and that they are worth the bond amount, above their liabilities, in property in the state not exempt from execution.
Subsection (2) sets the procedure for putting that oath to the test when it is questioned. Justification happens before a judge, on notice of not less than two nor more than six days. Each surety must swear, again, to being a resident freeholder worth the stated sum above liabilities. The section also builds in flexibility for bonds with more than two sureties: they may be accepted if, together, they justify in sums that add up to double the amount named in the bond, even if no single surety could cover that amount alone.
This section works alongside the bond requirements found elsewhere in the chapter — it is the mechanism referenced whenever a section requires sureties to justify, including in the replevin bonds addressed by sections 810.06 and 810.07, and, by cross-reference, in the attachment bond exception procedure in section 811.17.
Frequently Asked Questions
What must a surety swear to in the affidavit required by section 810.08?
That they are a resident freeholder and are worth the sum stated in the bond, above their liabilities, in property in Wisconsin not exempt from execution.
How much notice does a surety get before having to justify before a judge?
Not less than two nor more than six days, under subsection (2).
Can more than two sureties share responsibility for a bond?
Yes. If there are more than two sureties, they may be accepted if they justify severally in sums that together add up to double the amount named in the bond.
What does it mean for a surety to be a resident freeholder?
It means the surety lives in Wisconsin and owns real property there, which the affidavit and justification process is designed to confirm.
Is a surety’s word alone enough, or does a judge get involved?
A judge is involved when justification is required — the surety must appear on notice and swear to their financial standing before the judge, not just file a written affidavit.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.08; 1993 a. 486.
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: surety affidavit wisconsin bondjustification of sureties wisconsinresident freeholder bond requirementsection 810.08 wisconsin