The actions herein authorized to be brought by the sheriff or officer may be prosecuted by the plaintiff or under the plaintiff’s direction, upon the delivery by the plaintiff to the sheriff or officer of an undertaking, with 2 sufficient sureties, to the effect that the plaintiff will indemnify the sheriff or officer for all damages, costs and expenses thereon not exceeding $250 in any one action; such sureties shall, when required by the sheriff or officer, justify by making an affidavit that each is a householder and worth double the amount of the penalty named in the undertaking over and above all debts and exemptions.
811.24.Action by sheriff, who to prosecute.
Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.24 lets the plaintiff take over and direct lawsuits the sheriff is authorized to bring over attached property, so long as the plaintiff first posts an indemnity undertaking, backed by two qualified sureties, protecting the sheriff against loss.
Full Text of Section 811.24
Plain-English Summary
Section 811.24 solves a practical problem created by Section 811.23: that section authorizes the sheriff to sue people who conceal or withhold attached property, but sheriffs are not always eager to prosecute lawsuits on someone else’s behalf. This section lets the plaintiff step in and prosecute those actions, or direct them, instead of leaving the sheriff to carry the burden alone.
That substitution comes with a condition. The plaintiff must first deliver to the sheriff an undertaking, backed by two sufficient sureties, promising to indemnify the sheriff for all damages, costs, and expenses arising from the action, capped at $250 per action. The sheriff can also require the sureties to justify themselves by affidavit, swearing that each is a householder worth double the penalty amount named in the undertaking, over and above their own debts and any exempt property.
The result protects the sheriff from personal exposure while still letting the plaintiff, who has the real financial stake in the outcome, drive the litigation forward.
Frequently Asked Questions
Can the plaintiff take over a lawsuit the sheriff is authorized to bring against someone who withheld attached property?
Yes. Section 811.24 lets the plaintiff prosecute, or direct the prosecution of, actions the sheriff is authorized to bring, once the plaintiff delivers the required undertaking to the sheriff.
What does the plaintiff have to provide before taking over the action?
An undertaking with two sufficient sureties, indemnifying the sheriff for all damages, costs, and expenses of the action, up to $250 in any one action.
Who can serve as a surety on the plaintiff’s undertaking?
A surety must be a householder, and when the sheriff requires it, must justify by affidavit showing they are worth double the penalty amount named in the undertaking, above their debts and exemptions.
Is there a cap on what the sheriff is indemnified for under this undertaking?
Yes. Section 811.24 caps the indemnity at $250 for any one action.
Why would a sheriff want the plaintiff to take over these lawsuits?
The section does not say why, but requiring an indemnity undertaking before the plaintiff prosecutes protects the sheriff from bearing the cost or risk of litigation over property the sheriff no longer controls.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.24; 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: plaintiff prosecuting sheriff’s attachment action wisconsinindemnity undertaking attachment lawsuit wisconsinsurety requirements attachment bond wisconsinwho sues over concealed attached property