814.70.Fees of sheriffs.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2025 · Last verified July 15, 2026
Full Text of Section 814.70
Official Notes
NOTE: Sub. (1) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(1) SERVICE OF PROCESS. For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena, or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner under s. 813.12, 813.122, or 813.123. The fee charged under this subsection in any action commenced under s. 813.12, 813.122, 813.123, or 813.125 shall be collected from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4). No fee charged under this subsection in any action commenced under s. 813.125 may be collected from a petitioner under s. 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (am) 1. to 6. If no fee is collected under this subsection from a petitioner under s. 813.125, the fee charged under this subsection in any action commenced under s. 813.125 shall be collected from the respondent under s. 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4).
NOTE: Sub. (2) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(2) EXECUTION ON JUDGMENT. For serving an execution on a judgment demanding payment thereof or other writ not provided for, $12.
NOTE: Par. (a) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(a) In counties having a population of less than 750,000, 25 cents for each mile actually and necessarily traveled.
NOTE: Par. (b) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(b) In counties having a population of 750,000 or more, $4 for each party to be served in each action. Only one charge may be imposed if there is more than one person to be served at a given address.
NOTE: Par. (a) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(a) In counties having a population of less than 750,000, 25 cents per mile.
NOTE: Par. (b) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(b) In counties having a population of 750,000 or more, $4 for each person served within the county from which process issued, or 25 cents per mile if served outside the county.
NOTE: Sub. (7) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(7) ADVERTISING PERSONAL PROPERTY. Advertising goods and chattels for sale upon execution, writ or process, $1.50. If there is more than one execution, writ or process in the hands of the sheriff against the same defendants, there
shall be only one advertising fee charged in the whole, which shall be on the execution having priority.
NOTE: Sub. (8) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(8) SEIZURE OF PROPERTY; EVICTIONS. For serving any writ or other process with the aid of the county, $8; and $10 per hour for each deputy assigned to inventory the property when seizing property on attachment, replevin, execution or evicting on a writ of restitution or writ of assistance, plus all necessary expenses incurred thereby.
NOTE: Par. (a) (intro.) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(a) A fee of $50, of which $25 shall be prepaid and nonrefundable, for all necessary activities of the sheriff in connection with the sale of real estate by the sheriff or other officers, under any judgment or order of court, and making all the necessary papers and notices, including but not limited to:
NOTE: Par. (b) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(b) For travel in making the sale, to be computed from the courthouse, 20 cents per mile going and returning.
NOTE: Sub. (12) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads:
(12) NOTICES OF SALE. For the posting of notices of sale of personal property or posting any other notice and making a return thereon, $4 for the first posting and $2 for each additional posting.
Plain-English Summary
Serving process is the core of section 814.70. For each service or attempted service of a summons or other process for commencing an action, a writ, an injunction order, a subpoena, or any other order, the sheriff currently charges $12 for each defendant or person, plus $6 for each additional person served at the same address; both figures rise — to $33 and $17 — on November 1, 2026. Serving an execution demanding payment, or any other writ not otherwise provided for, currently costs $12, rising to $33. As elsewhere in chapter 814, no fee is collected from a petitioner in a domestic-abuse-type action, and the fee instead shifts to the respondent if the respondent is later convicted of violating the resulting order.
Travel is billed differently depending on county size. In counties under 750,000 in population, travel for serving a summons, writ, or other process (except criminal warrants) is reimbursed at a flat mileage rate — currently 25 cents per mile, moving to the federal mileage rate; in counties of 750,000 or more, it’s a flat per-party charge instead, currently $4, rising to $11, with only one charge if several people are served at the same address. Travel for criminal process follows a near-identical, separately stated schedule. On top of travel, the sheriff can collect a percentage-based commission for collecting and paying over money under an execution or writ: 10 percent of the first $300, 5 percent of the next $300, and 3 percent of anything over $600, capped at $60 total no matter how large the collection.
A cluster of property-related fees rounds out the section: copying a bond, summons, writ, or other served or taken paper at $1 per page (the state public defender pays only actual cost); advertising personal property for an execution sale, currently $1.50, rising to $5; seizing property or carrying out an eviction with the aid of the county, currently $8 plus $10 per hour per deputy assigned to inventory, rising to $28 plus $35 per hour; and a comprehensive fee for handling a real estate sale under a judgment or court order — currently $50 total, with $25 prepaid and nonrefundable, rising to $173 total with $86 prepaid — covering the advertisement, the certificate of sale, the deed, posting notices, and recording, plus separate mileage for making the sale. Posting a notice of sale of personal property currently costs $4 for the first posting and $2 for each additional posting, rising to $14 and $7.
All of these increases take effect November 1, 2026, under 2025 Wisconsin Act 179, and every fee in this section applies unless a higher fee has been established under s. 814.705, which lets the relevant governing body set its own, higher rate for several of these categories.
Frequently Asked Questions
How much does the Wisconsin sheriff charge to serve a summons?
Currently $12 per defendant or person served, rising to $33 on November 1, 2026, with a lower per-additional-person rate when more than one person is served at the same address.
How is sheriff travel mileage calculated for serving papers in Wisconsin?
In counties under 750,000 population, it’s a flat rate per mile — currently 25 cents, becoming the federal mileage rate on November 1, 2026. In counties of 750,000 or more, it’s a flat per-party charge instead.
What does the sheriff charge for handling a real estate sale under a judgment?
Currently $50 total, with $25 prepaid and nonrefundable, rising to $173 total with $86 prepaid on November 1, 2026 — covering the advertisement, certificate of sale, deed, posted notices, and recording.
Is there a cap on the sheriff’s fee for collecting money under an execution?
Yes: 10 percent of the first $300, 5 percent of the next $300, and 3 percent of anything over $600, but never more than $60 total.
Can a Wisconsin county charge more than the amounts listed in section 814.70?
Yes. These rates apply unless a higher fee has been established under s. 814.705, which lets a county, city, village, or town governing body set a higher fee for several of these categories.
Amendment History
History: 1981 c. 317; 1983 a. 92; 1987 a. 181; 1993 a. 301, 319; 1995 a. 27, 225, 306, 417; 1999 a. 71, 186; 2001 a. 109; 2017 a. 207 s. 5; 2025 a. 179.