Any creditor may attach the property of his or her debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter. No writ of attachment shall be issued against a municipal corporation, as defined in s. 67.01 or to recover the price or value of intoxicating liquors sold at retail.
811.01.Attachment; municipal corporation.
Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.01 lets any creditor attach a debtor’s property under the conditions chapter 811 sets, but bars a writ of attachment against a municipal corporation or to recover the price of retail liquor sales.
Full Text of Section 811.01
Plain-English Summary
Section 811.01 opens the attachment chapter with the general rule and its two exceptions. The general rule is broad: any creditor may attach the property of a debtor, in the cases, on the conditions, and by the procedure the rest of chapter 811 prescribes.
The first exception protects government bodies. No writ of attachment may issue against a municipal corporation, using the definition of that term found in section 67.01. A creditor with a claim against a city, village, town, or similar entity has to pursue other remedies rather than attaching municipal property.
The second exception is narrower and more specific: a writ cannot issue to recover the price or value of intoxicating liquors sold at retail. Whatever the reason for that carve-out, it means attachment is not available as a collection tool for that particular kind of debt, regardless of whether the other conditions in the chapter are met.
Frequently Asked Questions
Can any creditor use attachment to collect a debt in Wisconsin?
Any creditor may attach a debtor’s property under the cases, conditions, and manner chapter 811 prescribes, subject to the two exceptions section 811.01 states.
Can a creditor attach the property of a city or county?
No. Section 811.01 bars a writ of attachment against a municipal corporation, as defined in section 67.01.
Can attachment be used to collect an unpaid bill for liquor sold at retail?
No. Section 811.01 specifically bars a writ of attachment to recover the price or value of intoxicating liquors sold at retail.
Where does municipal corporation get its definition for purposes of this exception?
Section 67.01 supplies the definition that section 811.01 relies on.
Does section 811.01 itself list the conditions under which attachment is available?
No. It states the general right to attach and the two exceptions; the specific bases and procedures for attachment appear in the sections that follow, such as section 811.03.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.01; 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: who can use attachment wisconsinattachment against a municipality wisconsinliquor debt attachment exception wisconsinsection 811.01 wisconsin