Any person not a party to the action, whose property is attached, may, at any time, either before or after judgment, be made a party upon the person’s application for the purpose of removing or discharging the attachment. The court may grant such summary relief as shall be just, and may in proper cases award an issue for trial by jury.
811.26.Stranger may intervene.
Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.26 lets a person who is not a party to the lawsuit, but whose property was attached anyway, join the case at any point to seek removal or discharge of the attachment, with the court free to grant summary relief or send the dispute to a jury.
Full Text of Section 811.26
Plain-English Summary
An attachment can sometimes reach property that never belonged to the defendant. Section 811.26 gives the true owner a way into the case. Any person who is not a party to the action, but whose property has been attached, may apply to become a party at any time, whether the case is still pending or judgment has already been entered, for the purpose of removing or discharging the attachment on that property.
Once that stranger to the suit is made a party, the section gives the court flexibility in how to resolve the claim. The court can grant whatever summary relief is just under the circumstances, without a full trial, or, in a proper case, it can award an issue for a jury to decide. That flexibility lets the court match the procedure to how sharply disputed the ownership question is.
Frequently Asked Questions
If my property gets attached in someone else’s lawsuit, can I do anything about it?
Yes. Section 811.26 lets you apply to become a party to that action for the purpose of removing or discharging the attachment on your property, even though you were never a party to the underlying suit.
Is there a deadline for intervening to challenge an attachment on my property?
The section allows the application at any time, either before or after judgment in the underlying case.
Will my claim to the property automatically go to a jury?
Not automatically. Section 811.26 lets the court grant summary relief as it finds just, and reserves a jury issue for proper cases rather than making a jury trial the default.
What kind of relief can the court grant to someone whose property was wrongly attached?
The court may grant whatever summary relief is just under the circumstances, which can include removing or discharging the attachment.
Do I need to already be involved in the lawsuit to use this section?
No. Section 811.26 is written specifically for a person who is not a party to the action but whose property was attached, allowing that stranger to the case to seek party status.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 811.26; 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: third party property wrongly attached wisconsinstranger intervening in attachment case wisconsinremoving attachment on non-party’s propertyclaiming property attached in someone else’s lawsuit