If there is reasonable doubt as to the ownership of the property or as to its liability to be attached the sheriff may require sufficient security to indemnify the sheriff for attaching such property.
811.13.Indemnity to sheriff.
Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.13 lets the sheriff demand security to cover the sheriff’s own liability whenever there is reasonable doubt about who owns property targeted for attachment or whether it can lawfully be attached at all.
Full Text of Section 811.13
Plain-English Summary
A sheriff executing a writ of attachment can be caught between competing claims to property, facing liability if the sheriff guesses wrong about ownership. Section 811.13 gives the sheriff a way to manage that risk. When there is reasonable doubt about who owns the property, or about whether it may lawfully be attached, the sheriff may require sufficient security before proceeding.
That security indemnifies the sheriff — it protects the sheriff from personal liability for attaching property that turns out to belong to someone else, or that was not properly subject to attachment in the first place. The section leaves the judgment about when doubt counts as reasonable to the sheriff in the moment, rather than requiring a court determination first.
Frequently Asked Questions
Can a sheriff refuse to attach property without protection if ownership is unclear?
The sheriff can require sufficient security to indemnify the sheriff before attaching property when there is reasonable doubt about ownership or about whether the property may lawfully be attached.
Who decides whether the doubt about ownership is reasonable under this section?
The section does not specify a separate procedure for that determination; it gives the sheriff the authority to require security once reasonable doubt exists.
What does the indemnity security protect the sheriff from?
Liability the sheriff might face for attaching property that belongs to someone other than the defendant, or that was not properly subject to attachment.
Does this section apply only to disputes about who owns the property?
No. It also covers reasonable doubt about the property’s liability to be attached, not just doubt about ownership.
Who provides the security the sheriff requires under this section?
The section does not specify a particular party, but in context it is the party seeking the attachment who would typically need to supply the security to have the sheriff proceed.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.13; 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: sheriff indemnity attachment wisconsinownership dispute attached property wisconsinsection 811.13 wisconsinsheriff security before attaching property