813.27.Claim of absentee barred.
Ch. 813: Injunctions, Ne Exeat and Receivers · Last amended 1975 · Last verified July 15, 2026
Full Text of Section 813.27
Plain-English Summary
Section 813.27 gives finality to the process sections 813.22 through 813.34 set up. Once a final finding and judgment has been entered under section 813.26, whether declaring the absentee dead or declaring that the absentee’s property interest has ceased after five years, the absentee cannot bring an action to recover any part of that property.
This closes the loop for people who received property distributed through the receivership: their title is not left exposed to a later lawsuit by an absentee who eventually reappears. Section 813.31, addressing the absentee insurance fund, gives a reappearing absentee a separate avenue to seek reimbursement rather than a claim against those who received the property.
Frequently Asked Questions
Can an absentee sue to get property back after the court’s final judgment?
No. Section 813.27 bars any action by the absentee to recover any portion of the property after the final finding and judgment under section 813.26.
What judgment does this bar apply to?
The final finding and judgment entered under section 813.26, whether it declares the absentee dead or declares the absentee’s interest ceased after five years of absence.
Does this mean an absentee who later reappears has no recourse at all?
Not entirely. Section 813.27 blocks a lawsuit to recover the property itself, but section 813.31 gives a reappearing absentee a way to seek reimbursement from the absentee insurance fund.
Why does the law cut off the absentee’s own claim this way?
The bar protects the finality of distributions made through the receivership process, so people who received property under a final judgment are not later exposed to a suit from the absentee.
Does this section apply before a final finding is entered?
No. It applies only after the final finding and judgment described in section 813.26 has been entered.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.27.