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813.16.Receivers.

Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 2021 · Last verified July 15, 2026

In one sentenceSection 813.16 lists when a court may appoint a receiver over disputed or at-risk property, requires the receiver to post a bond covering the property, and directs the court to appoint an officer of a regulated savings institution or FDIC-supervised corporation as an unpaid receiver when that institution seeks one.

Full Text of Section 813.16

Text sizeJump to: (1) (2) (3) (4) (5) (6) (7)

A receiver may be appointed:
(1) On the application of either party, when the applying party establishes an apparent right to or interest in property which is the subject of the action and which is in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially impaired.
(2) By the judgment, or after judgment, to carry it into effect or to dispose of the property according to the judgment.
(3) To preserve the property during the pendency of an appeal; or when an execution has been returned unsatisfied and the judgment debtor refuses to apply the judgment debtor’s property in satisfaction of the judgment or in an action by a creditor under ch. 816.
(4) When a corporation has been dissolved or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights.
(5) In accordance with the practice which obtained when the code of 1856 took effect except as otherwise provided in this chapter.
(6) The receiver shall give to and file with the clerk of the court a bond, conditioned in the usual manner, with sureties to be approved by the judge making the appointment sufficient to cover all property likely to come into the receiver’s hands.
(7) If the person seeking the appointment of a receiver under sub. (1) is a savings and loan association or savings bank supervised by the division of banking or a corporation supervised by the federal deposit insurance corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.

Plain-English Summary

Section 813.16 sets out the recognized grounds for appointing a receiver in a Wisconsin civil action. A party may apply for one by showing an apparent right to or interest in property held by an adverse party, where the property or its rents and profits are at risk of being lost or materially impaired. A receiver may also be appointed by or after a judgment, to carry it into effect or dispose of the property as the judgment directs; to preserve property during an appeal, or after an unsatisfied execution and a judgment debtor’s refusal to apply property toward the debt, or in a creditor’s action under chapter 816; when a corporation has dissolved, is insolvent or in imminent danger of it, or has forfeited its corporate rights; or, more generally, consistent with practice existing when the 1856 code took effect, except as this chapter otherwise provides.

Before taking control of property, a receiver must give the clerk of court a bond, with sureties the appointing judge approves, sufficient to cover everything likely to come into the receiver’s hands.

The section closes with a targeted rule for regulated financial institutions: when a savings and loan association or savings bank supervised by the division of banking, or a corporation supervised by the Federal Deposit Insurance Corporation, seeks appointment of a receiver under the property-at-risk ground, the court must appoint an officer of that institution as receiver to serve without compensation, unless the opposing party objects.

Frequently Asked Questions

When can a court appoint a receiver in a Wisconsin civil case?

Section 813.16 lists several grounds, including a party’s apparent right to property in an adverse party’s possession that is at risk of loss or impairment, carrying a judgment into effect, preserving property during an appeal, and a corporation’s dissolution or insolvency.

Does a party need to already own the property outright to ask for a receiver?

No. It is enough to establish an apparent right to or interest in property that is the subject of the action and in the possession of an adverse party, along with a risk that the property or its rents and profits will be lost or impaired.

Can a receiver be appointed after judgment has already been entered?

Yes. Section 813.16 allows appointment by the judgment or after judgment, to carry it into effect or dispose of the property according to its terms.

What must a receiver do before taking control of property?

The receiver must give the clerk of court a bond, with sureties approved by the appointing judge, sufficient to cover all the property likely to come into the receiver’s hands.

Is there a special rule when a bank or savings institution asks for a receiver?

Yes. If a savings and loan association or savings bank supervised by the division of banking, or a corporation supervised by the FDIC, seeks the appointment, the court must appoint an officer of that institution as receiver to serve without compensation, unless the opposing party objects.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.16; 1991 a. 221; 1993 a. 486; 1995 a. 27; 1999 a. 9; 2003 a. 33; 2021 a. 241.

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
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