The sheriff shall keep the property taken in a secure place and deliver it to the party entitled thereto upon receiving the sheriff’s lawful fees for taking and the sheriff’s necessary expenses for keeping the same.
810.10.Property, how kept.
Ch. 810: Replevin · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 810.10 requires the sheriff to hold seized replevin property in a secure place and to release it to whichever party is entitled to it once that party pays the sheriff’s lawful fees and the expenses of keeping the property safe.
Full Text of Section 810.10
Plain-English Summary
Between seizure and final resolution, someone has to look after the property, and section 810.10 puts that job on the sheriff. The sheriff must keep it in a secure place — not just hold it somewhere convenient, but somewhere that protects it from loss or damage while the case works its way through court.
Delivery to the party who eventually turns out to be entitled to the property is not automatic or free. The section conditions release on payment: the sheriff’s lawful fees for taking the property and the sheriff’s necessary expenses for keeping it. Only after those amounts are covered does the sheriff hand the property over.
The section does not specify who counts as the party entitled to the property in every circumstance — that depends on the outcome of the case, or on the bond and sureties procedures elsewhere in the chapter that can entitle a party to the property before judgment.
Frequently Asked Questions
Who is responsible for safekeeping property seized in a replevin action?
The sheriff, who must keep the property in a secure place under section 810.10.
Does the sheriff release the property for free once someone is entitled to it?
No. The sheriff releases it only upon receiving the sheriff’s lawful fees for taking the property and the sheriff’s necessary expenses for keeping it.
What counts as the sheriff’s recoverable expenses under this section?
The lawful taking fees and the necessary expenses of keeping the property secure, as stated in section 810.10.
Can a party get the property released before the case ends?
Section 810.10 addresses delivery to the party entitled to it; other sections in the chapter, such as the bond procedures, govern when a party becomes entitled to possession before final judgment.
What standard does the sheriff have to meet in storing the property?
The property must be kept in a secure place, protecting it until it is delivered to the party entitled to it.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.10; 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: sheriff custody of replevied property wisconsinsheriff fees to release seized propertysafekeeping replevin property wisconsinsection 810.10 wisconsin