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810.15.Judgment in replevin against principal and sureties.

Ch. 810: Replevin · Last amended 1993 · Last verified July 15, 2026

In one sentenceSection 810.15 lets a replevin judgment for return or delivery of property run against both the principal and the sureties on the principal’s bond, and directs that the sureties’ property be used to satisfy the execution when the principal’s own property is not enough.

Full Text of Section 810.15

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The judgment in replevin may be entered both against the principal and the sureties on the principal’s bond for a return or delivery of the property, as prescribed in ss. 810.01 to 810.13; and where the officer, to whom the execution thereon is directed, cannot find sufficient property of the principal to satisfy the execution, the officer shall satisfy it out of the property of such sureties; and the execution shall so direct.

Plain-English Summary

A bond is only useful if it can be collected against, and section 810.15 makes sure of that. A judgment in replevin for a return or delivery of the property, entered as prescribed in sections 810.01 to 810.13, may be entered against both the principal — the party who posted the bond — and the sureties who backed it.

The section then addresses collection. If the officer directed to execute the judgment cannot find enough of the principal’s property to satisfy it, the officer turns to the sureties’ property instead. The execution itself must direct that outcome, so the officer’s authority to reach the sureties’ assets is spelled out on the face of the document, not left to inference.

This closes the loop on the bond system that runs through chapter 810: sections 810.06 through 810.08 set up the bond and require sureties to justify their financial standing, and section 810.15 makes sure that standing pays out if the principal cannot.

Frequently Asked Questions

Can a replevin judgment be entered against the sureties on a bond, not just the principal?

Yes. Section 810.15 allows the judgment for return or delivery of the property to be entered against both the principal and the sureties on the principal’s bond.

What happens if the principal does not have enough property to satisfy the judgment?

The officer executing the judgment must satisfy it out of the property of the sureties instead.

Does the execution have to specifically authorize reaching the sureties’ property?

Yes. Section 810.15 requires the execution to so direct.

Which sections govern how the underlying judgment is entered before section 810.15 applies?

Sections 810.01 to 810.13, which the section references as the source of the judgment for return or delivery of the property.

Why does the chapter require sureties to justify their financial worth if they can just be sued along with the principal?

Justification under sections 810.07 and 810.08 confirms upfront that the sureties have enough property to cover the bond, so section 810.15’s collection mechanism against them is not an empty threat.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975), 778; Stats. 1975 s. 810.15; 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
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