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). (2) EXECUTION ON JUDGMENT. For serving an execution on a judgment demanding payment thereof or other writ not provided for, $33.
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. (3) For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may not be collected from a petitioner but shall be collected from the respondent 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), and except that a fee under this subsection in any action commenced under s. 813.125 may not be collected from a petitioner 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. but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4): (a) In counties having a population of less than 750,000, the federal mileage rate for each mile actually and necessarily traveled.
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. (b) In counties having a population of 750,000 or more, $11 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. (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. (4) TRAVEL; CRIMINAL PROCESS. For travel in serving any criminal process: (a) In counties having a population of less than 750,000, the federal mileage rate.
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. (b) In counties having a population of 750,000 or more, $11 for each person served within the county from which process issued, or the federal mileage rate for each mile traveled if served outside the county.
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. (c) The actual and necessary disbursements for board and conveyance of the prisoner. (5) COLLECTION OF MONEY. For collecting and paying over all sums upon any execution, writ or process for the collection of money, 10 percent on the first $300; 5 percent on the next $300 or any part thereof; and 3 percent on any excess over $600; but the whole fee may not exceed $60. (6) COPIES. (a) Except as provided in par. (b), making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when required by law or demanded by a party, and if not furnished by a party to the action or attorney, $1 per page. (b) Making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when requested by the state public defender, a fee equal to the actual, necessary and direct costs of copying. (7) ADVERTISING PERSONAL PROPERTY. Advertising goods and chattels for sale upon execution, writ, or process, $5. 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. (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. (8) SEIZURE OF PROPERTY; EVICTIONS. For serving any writ or other process with the aid of the county, $28; and $35 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: 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. (9) SALES OF REAL ESTATE. (a) A fee of $173, of which $86 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. (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: 1. Drawing an advertisement of real estate. 2. Issuing every certificate of sale of real estate. 3. Drawing, executing and acknowledging a deed pursuant to a sale of real estate. 4. Posting notices of sheriff’s sale. 5. Recording a certificate of sale with the register of deeds. (b) For travel in making the sale, to be computed from the courthouse, the federal mileage rate for each mile going and returning.
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. (10) PERSONAL PROPERTY; POSSESSION AND STORAGE. All necessary expenses incurred in taking possession of any goods or chattels and preserving the same as shall be just and reasonable in the opinion of the court. (11) PRINTING ADVERTISEMENTS. All fees allowed by law and paid to any printer for any advertisement required to be published by the sheriff. (12) NOTICES OF SALE. For the posting of notices of sale of personal property or posting any other notice and making a return thereon, $14 for the first posting and $7 for each additional posting.
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.