The writ of attachment shall be issued by a judge or other judicial officer on the request of the plaintiff at any time before final judgment and after a summons and a complaint are filed. It shall be directed to the sheriff of some county in which the property of the defendant is supposed to be, and shall require the sheriff to attach all the property of the defendant within the county or so much thereof as may be sufficient to satisfy the plaintiff’s demand, together with costs and expenses. It shall be in the name of the court and be sealed with its seal. If the amount of money sought was excluded from the demand for judgment, as required under s. 802.02 (1m), the court shall require the plaintiff to specify the amount of money claimed and provide that information to the court and to the other parties prior to the court issuing the writ.
811.02.Writ; form and contents.
Ch. 811: Attachment · Last amended 1987 · Last verified July 15, 2026
In one sentenceSection 811.02 explains how a writ of attachment is issued, directed to a county sheriff, and sealed in the court’s name, and requires the plaintiff to specify the exact dollar amount claimed before the writ issues if that amount was left out of the complaint’s demand for judgment.
Full Text of Section 811.02
Official Notes
Judicial Council Committee Note, 1974: The amendment precludes attachment prior to commencement of action by filing of the summons and complaint. [Re Order effective Jan. 1, 1976]
Plain-English Summary
Section 811.02 covers the mechanics of getting a writ of attachment. A judge or other judicial officer issues it on the plaintiff’s request, and only after a summons and complaint have already been filed — so attachment is not a tool for starting a lawsuit, only for pursuing one already underway. The plaintiff can request the writ at any time before final judgment.
The writ is directed to the sheriff of whatever county the defendant’s property is believed to be in, and it instructs the sheriff to attach all of the defendant’s property in that county, or as much of it as will satisfy the plaintiff’s demand along with costs and expenses. Formally, the writ must be in the name of the court and sealed with the court’s seal.
The section also closes a gap that could otherwise leave a sheriff guessing at how much property to seize. If the complaint’s demand for judgment left out the dollar amount sought, as section 802.02 (1m) requires for a tort claim, the court must require the plaintiff to specify the amount claimed and share that figure with the court and the other parties before the writ issues.
Frequently Asked Questions
When can a plaintiff request a writ of attachment?
At any time before final judgment, but only after a summons and complaint have been filed.
Who directs the writ of attachment, and to whom?
It is directed to the sheriff of a county where the defendant’s property is believed to be located, instructing the sheriff to attach enough of that property to satisfy the plaintiff’s demand plus costs and expenses.
What formal requirements must the writ itself meet?
It must be in the name of the court and sealed with the court’s seal.
What happens if the complaint did not state a specific dollar amount sought?
If the amount was excluded from the demand for judgment under section 802.02 (1m), the court must require the plaintiff to specify the amount claimed and provide it to the court and the other parties before the writ issues.
Can attachment be used to begin a case before any complaint is filed?
No. Section 811.02 requires that a summons and complaint already be filed before the writ can issue.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.02; 1977 c. 412; 1987 a. 256.
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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