The officer shall keep the property seized by the officer and the proceeds of such property as shall have been sold to answer any judgment which may be recovered in such action; and shall, subject to the direction of the court or judge, collect and receive into the officer’s possession all the debts, credits and effects of the defendant. The officer may also take such legal proceedings, either in the officer’s own name or in the name of such defendant, as may be necessary for that purpose and discontinue the same at such times and on such terms as the court or judge may direct.
811.15.Care of property; collection of debts.
Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.15 requires the officer to hold attached property and sale proceeds to answer any eventual judgment, and, under the court’s direction, to collect the defendant’s debts and credits, including by bringing legal proceedings when necessary.
Full Text of Section 811.15
Plain-English Summary
Attachment can reach more than physical goods, and section 811.15 spells out the officer’s ongoing responsibility over everything that has been seized. The officer keeps the property taken, and the proceeds of anything sold, to answer whatever judgment may ultimately be recovered in the action.
The officer’s duties go beyond passive custody. Subject to the direction of the court or a judge, the officer must collect and take into possession the defendant’s debts, credits, and effects — amounts owed to the defendant by others, not just property already in the defendant’s hands. To do that, the officer may bring legal proceedings, either in the officer’s own name or in the defendant’s name, whenever that is necessary to collect what is owed.
The court or judge retains control over that collection effort, with the authority to direct when the officer should discontinue any such proceedings and on what terms. This keeps the officer’s collection powers tied to judicial oversight rather than letting the officer pursue debts independently.
Frequently Asked Questions
What is the officer responsible for once property has been attached?
Keeping the property, and any proceeds from its sale, to answer whatever judgment may be recovered in the action.
Can the officer collect money the defendant is owed by third parties?
Yes, subject to the direction of the court or judge, the officer must collect and take possession of the defendant’s debts, credits, and effects.
Can the officer sue someone on the defendant’s behalf to collect a debt owed to the defendant?
Yes. The officer may take legal proceedings, in the officer’s own name or in the defendant’s name, as necessary to collect the defendant’s debts and credits.
Who controls whether the officer continues or drops a collection proceeding?
The court or judge, who may direct the officer to discontinue such proceedings and set the terms for doing so.
Does the officer act independently in collecting the defendant’s debts, or under court supervision?
Under court supervision. Section 811.15 subjects the officer’s collection efforts to the direction of the court or judge.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.15; 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
Also known as: officer collecting debts under attachment wisconsinsheriff collect defendant’s debts wisconsinsection 811.15 wisconsincare of attached property wisconsin