When the defendant recovers judgment all the money or property held by any writ of attachment shall be delivered to him or her, subject to the plaintiff’s rights on appeal, and he or she may maintain an action on the plaintiff’s bond for the assessed damages sustained by reason of the writ of attachment. Upon the entry of final judgment in favor of the defendant or on satisfaction of a plaintiff’s judgment, the clerk of court shall, if real estate was attached, certify the fact of the judgment or satisfaction, and on recording the certificate with the register of deeds in any county in which attached lands are situated the register shall enter the certificate upon the records of his or her office in discharge of the attachments.
811.22.Return of property; damages on dismissal; entry in register’s office.
Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.22 tells the clerk and sheriff what to do with attached money or property once the case ends: hand it back to a defendant who wins, or, when the attachment reached real estate, record a certificate that clears the attachment from the county’s land records.
Full Text of Section 811.22
Plain-English Summary
Section 811.22 closes out an attachment once the case is decided. If the defendant wins, the section requires that all the money or property the writ of attachment reached be delivered back to the defendant, though the plaintiff’s rights on appeal come first. The defendant also gets a further remedy: a separate action on the plaintiff’s bond to recover the damages assessed from having the property tied up by the attachment in the first place.
The section also addresses the paperwork trail left behind when the attachment reached real estate. Once the defendant wins final judgment, or once the plaintiff’s judgment is satisfied, the clerk of court must certify that fact. Recording that certificate with the register of deeds in any county where the attached land sits clears the attachment from that county’s land records, so a title search no longer turns up the old attachment.
Together, the two halves of the section protect a defendant who ultimately prevails, or who pays what is owed, from carrying a cloud over money, property, or land that was never rightly the plaintiff’s to hold.
Frequently Asked Questions
If I win a case where my property was attached, do I automatically get it back?
Yes. Section 811.22 requires the money or property held under the writ of attachment to be delivered to the defendant once the defendant recovers judgment, subject to the plaintiff’s rights on appeal.
Can a defendant recover damages for having property tied up by a failed attachment?
Yes. Section 811.22 lets the defendant sue on the plaintiff’s bond for the damages assessed by reason of the writ of attachment.
How does an attachment on real estate get cleared from the county land records?
The clerk of court certifies the fact of the judgment or satisfaction, and recording that certificate with the register of deeds in the county where the land sits discharges the attachment on the register’s records.
Does the defendant get the property back right away, or does the plaintiff have any say?
The defendant’s right to recover the property is subject to the plaintiff’s rights on appeal, so an appeal can affect the timing.
What if the plaintiff’s judgment is paid in full instead of the defendant winning outright?
Section 811.22 treats satisfaction of the plaintiff’s judgment the same as a defense verdict for purposes of clearing a real estate attachment: the clerk certifies the satisfaction, and recording it with the register of deeds discharges the attachment.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); 1993 a. 301.
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: wisconsin attachment released after winningclearing an attachment from land records wisconsingetting attached property back wisconsinsuing on attachment bond wisconsinregister of deeds discharge attachment wisconsin