Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.03 lists the sworn grounds — nonresidence, fraud, concealment, foreign corporate status, and others — that a plaintiff’s affidavit must establish before a writ of attachment can issue on a contract, judgment, or tort claim, including debts not yet due.
(1)ON CONTRACT OR JUDGMENT. Before any writ of attachment shall be executed the plaintiff or someone in the plaintiff’s behalf shall make and annex thereto an affidavit setting forth specific factual allegations to show that the defendant is indebted, or that property of the defendant is available, to the plaintiff in a sum exceeding $50 specifying the amount above all setoffs, and that the same is due upon contract or upon a judgment and that the affiant knows or has good reason to believe either:
(a)That the defendant is absent from this state, or is concealed therein so that summons cannot be served on the defendant; or
(b)That the defendant has disposed of or concealed or is about to dispose of or conceal the defendant’s property or some part thereof with intent to defraud the defendant’s creditors; or
(c)That the defendant has removed or is about to remove property out of this state with intent to defraud the defendant’s creditors; or
(d)That the defendant fraudulently incurred the obligation respecting which the action is brought; or
(e)That the defendant is not a resident of this state; or
(f)That the defendant is a foreign corporation; or if domestic that no officer or agent thereof on whom to serve the summons exists or resides in this state or can be found; or
(g)That the action is against a defendant as principal on an official bond to recover money due the state or to some county or other municipality therein, or that the action is against the defendant as principal upon a bond or other instrument given as evidence of debt for or to secure the payment of money embezzled or misappropriated by such defendant as an officer of the state or of a county or municipality therein.
(2)TORT ACTION. Except as provided in ss. 806.30 to 806.44, in tort actions the affidavit shall state that a cause of action in tort exists in favor of the plaintiff and against the defendant, that the damages sustained exceed $50, specifying the amount claimed and either:
(a)That the defendant is not a resident of this state; or that the defendant’s residence is unknown and cannot with due diligence be ascertained; or
(b)That the defendant is a foreign corporation.
(3)ON DEMANDS NOT YET DUE. An action may be maintained and a writ of attachment issued on a demand not yet due in any case mentioned in this section, except the cases mentioned in sub. (1) (e), (f) and (g) and the same proceedings in the action shall be had and the same affidavit shall be required as in actions upon matured demands except that the affidavit shall state that the debt is to become due; but the bond specified in s. 811.06 shall be conditioned in 3 times the amount claimed in the affidavit. In case an attachment is issued before the maturity of the debt and a traverse to such attachment is sustained the court shall render a judgment for damages and costs against the plaintiff.
Plain-English Summary
Attachment is a powerful remedy, seizing a defendant’s property before the case is even decided, so section 811.03 requires the plaintiff to justify it with a sworn affidavit before the writ can be executed. Subsection (1) covers claims on a contract or judgment: the affidavit must set out specific factual allegations showing the defendant owes, or has available property amounting to, more than fifty dollars above any setoffs, and must show one of several circumstances — the defendant is absent or hiding from service, has disposed of or is about to dispose of property to defraud creditors, has removed or is about to remove property from the state to defraud creditors, incurred the obligation through fraud, is not a Wisconsin resident, is a foreign corporation or a domestic one with no local officer or agent to serve, or is a public official being sued as principal on a bond to recover money due the state or a municipality, or on an instrument securing embezzled or misappropriated public money.
Subsection (2) covers tort claims separately, with a narrower set of grounds. Except where sections 806.30 to 806.44 apply, the affidavit must show that a tort cause of action exists, that damages exceeding fifty dollars are claimed, and that the defendant is either a nonresident whose residence cannot be found with due diligence, or a foreign corporation.
Subsection (3) extends attachment to debts not yet due, using the same grounds and affidavit requirements as matured debts — except that it drops the nonresidence, foreign-corporation, and public-bond grounds, since those depend on facts unrelated to whether a debt has matured. The bond required under section 811.06 must be set at three times the amount claimed in that situation, and if the attachment issues before the debt is due and the defendant successfully traverses it, the plaintiff must pay the resulting judgment for damages and costs.
Frequently Asked Questions
What must a plaintiff’s affidavit show to get a writ of attachment on a contract debt?
Specific factual allegations that the defendant owes, or has available property worth, more than fifty dollars above setoffs on a contract or judgment, plus one of the grounds listed in section 811.03 (1), such as nonresidence, fraud, or concealment of assets.
Can attachment be used in a tort case, not just a contract case?
Yes. Section 811.03 (2) allows attachment in tort actions where damages exceeding fifty dollars are claimed and the defendant is a nonresident whose residence cannot be found with due diligence, or a foreign corporation.
Can a creditor attach property for a debt that is not yet due?
Yes, under section 811.03 (3), using most of the same grounds as a matured debt, though it excludes the nonresidence, foreign-corporation, and public-bond grounds, and requires a bond set at three times the amount claimed.
What happens if an attachment issued before a debt was due gets successfully challenged?
The court renders judgment for damages and costs against the plaintiff.
Does the affidavit need to show the defendant is trying to defraud creditors?
That is one possible ground, but not the only one — section 811.03 (1) lists several alternative grounds, including nonresidence and foreign corporate status, any one of which can support the affidavit.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758, 778 (1975); Stats. 1975 s. 811.03; 1977 c. 412; 1985 a. 37; 1987 a. 256; 1991 a. 236; 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:grounds for attachment wisconsinattachment affidavit requirements wisconsinattachment on debt not yet due wisconsinsection 811.03 wisconsin