When the plaintiff shall have recovered judgment in the action the sheriff or officer shall satisfy the same out of the property attached or received from any garnishee or otherwise, if sufficient therefor:
811.23.Judgment for plaintiff, how satisfied.
Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.23 walks the sheriff through satisfying a plaintiff’s judgment out of attached property, in order: pay over money already collected, sell what still needs selling, repossess anything that got away, and collect on outstanding debts before turning over any leftover balance to the defendant.
Full Text of Section 811.23
(1) By paying over to such plaintiff all money attached or received upon sales of property, or from any garnishee, or upon any debts or credits, or so much thereof as shall be necessary.
(2) By selling, under such execution as may be issued on such judgment, so much of the attached property, real or personal, as shall be necessary to satisfy the balance unpaid, according to the provisions regulating sales upon execution; except as provided in sub. (4).
(3) If any of the attached property belonging to the defendant shall have passed out of the hands of the sheriff without having been sold or converted into money, the sheriff shall repossess the attached property, and for that purpose shall have all the authority which the sheriff had to seize the property under the writ of attachment; and any person who shall willfully conceal or withhold the attached property from the sheriff shall be liable to double damages at the suit of the party injured.
(4) Until the judgment against the defendant shall be paid the sheriff may proceed to collect the evidences of debt that may have been seized or attached by virtue of the writ of attachment or that may have been delivered up by any person summoned as garnishee, and to prosecute any bond the sheriff may have taken in the course of the proceedings, and apply the proceeds thereof to the payment of the judgment and costs. When the judgment and all costs of the proceedings shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the residue of the property attached or that may have been received from any garnishee, or the proceeds thereof.
Plain-English Summary
Once a plaintiff wins the underlying action, Section 811.23 tells the sheriff or officer how to turn what was attached into payment on the judgment. The section lists four ways to do it, and a sheriff can use more than one as needed. First, any money already attached, or received from a garnishee or from debts owed to the defendant, goes straight to the plaintiff. Second, if that is not enough, the sheriff sells attached real or personal property under execution, following the usual rules for execution sales, with one exception the section carves out for itself.
The section also covers two situations that complicate turning attached property into cash. If attached property somehow left the sheriff’s hands without being sold or converted to cash, the sheriff can repossess it using the same authority the original writ of attachment provided. Anyone who deliberately conceals or withholds that property from the sheriff faces double damages in a suit by the injured party. And until the judgment is fully paid, the sheriff may keep collecting on evidences of debt seized under the writ, or handed over by a garnishee, and may sue on any bond taken during the proceedings, applying whatever comes in toward the judgment and costs.
Once the judgment and costs are paid in full, the section requires the sheriff to hand over whatever is left, on the defendant’s reasonable demand. The property attached was only ever collateral for the debt; anything beyond that debt belongs back with the defendant.
Frequently Asked Questions
What does a sheriff do with attached property once the plaintiff wins the case?
Section 811.23 lets the sheriff satisfy the judgment out of the attached property, first by paying over any money already attached or collected, and then by selling as much of the remaining property as necessary under execution.
What happens if someone hides attached property from the sheriff?
Anyone who willfully conceals or withholds attached property from the sheriff is liable for double damages at the suit of the party injured, and the sheriff retains the authority to repossess the property.
Can the sheriff keep collecting on debts owed to the defendant even after the attached property is sold?
Yes. Until the judgment and costs are paid, the sheriff may continue collecting evidences of debt seized under the writ or delivered by a garnishee, applying the proceeds to the judgment.
Does the defendant get anything back after the judgment is paid?
Yes. Once the judgment and all costs are paid, the sheriff must, on reasonable demand, deliver the residue of the attached property or its proceeds back to the defendant.
Can the sheriff sue on bonds taken during the attachment proceedings?
Yes. Section 811.23 allows the sheriff to prosecute any bond taken during the proceedings and apply the proceeds to the judgment and costs.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.23; 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: how sheriff satisfies judgment from attached property wisconsinselling attached property under execution wisconsinconcealing attached property penalty wisconsindouble damages withholding attached propertyleftover attached property returned to defendant