In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under s. 810.06, judgment may be as aforesaid or absolutely for the value thereof at the plaintiff’s option, and damages for the detention. If the property shall have been delivered to the plaintiff under ss. 810.01 to 810.13 and the defendant prevails, judgment for the defendant may be for a return of the property or the value thereof, at the defendant’s option, and damages for taking and withholding the same.
810.14.Judgment in replevin.
Ch. 810: Replevin · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 810.14 sets out the forms a replevin judgment can take, letting the winning plaintiff choose between possession or its value plus detention damages, and giving the prevailing defendant a parallel choice when the property has already changed hands under a bond.
Full Text of Section 810.14
Plain-English Summary
Section 810.14 turns the verdict’s findings into an actual judgment, and it accounts for the fact that the property may already have moved during the case. In the ordinary situation, judgment for the plaintiff may award possession, or recovery of possession, of the property, or its value if delivery cannot be had, plus damages for the detention.
The section then handles the situation where the defendant already got the property back under section 810.06’s return-of-property bond. There, judgment may still take the ordinary form described above, or the plaintiff may choose instead to take the value of the property outright, along with damages for the detention — the plaintiff’s option, not the court’s.
The section mirrors that same structure for a prevailing defendant. If the property was delivered to the plaintiff under sections 810.01 to 810.13 and the defendant ultimately wins, judgment for the defendant may be for a return of the property or its value, at the defendant’s option, plus damages for the taking and withholding.
In both directions, the party who ends up without the property in hand gets to choose between getting it back and taking its value instead, so a judgment does not force someone to accept property they may no longer be able to use or a value they never agreed to.
Frequently Asked Questions
What can a plaintiff’s judgment in a replevin case award?
Possession or recovery of possession of the property, or its value if delivery cannot be had, plus damages for the detention.
What happens if the defendant already got the property back under a bond before judgment?
The plaintiff may still get a judgment for possession and detention damages, or may instead choose to take the value of the property outright along with detention damages.
Who decides whether to take the property’s value instead of the property itself?
The prevailing party — the plaintiff in the ordinary case, or the defendant when the property was delivered to the plaintiff and the defendant later prevails.
What can a defendant recover if the defendant wins after the plaintiff already took the property?
A return of the property or its value, at the defendant’s option, plus damages for the taking and withholding.
Does section 810.14 require the winning party to take the property back rather than its cash value?
No. The section gives the winning party the option between the property and its value, rather than forcing one outcome.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 778 (1975); Stats. 1975 s. 810.14; 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: replevin judgment options wisconsinvalue versus return of property judgmentsection 810.14 wisconsindetention damages replevin wisconsin