Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2025 · Last verified July 15, 2026
In one sentenceSection 814.705 lets the appropriate county, city, village, or town governing body set higher process-service, travel, seizure, and eviction fees than the flat amounts section 814.70 lists for its own sheriff, constables, marshals, or police, though its separate cap on a higher real estate sale fee is being repealed.
(1)With respect to fees enumerated in s. 814.70 (1), (2), (3) (a) and (b), (4) (a) and (b), and (8):
(a)A county board may establish a higher fee for collection by the sheriff.
(b)A city council may establish a higher fee for collection by the city constable and city police.
(c)A village board may establish a higher fee for collection by the village marshal and village constable.
(d)A town board may establish a higher fee for collection by the town constable or town police.
(2)With respect to sheriff’s fees for the sale of real estate under s. 814.70 (9), the county board may establish a higher fee in an amount not to exceed $150.
Official Notes
NOTE: Sub. (2) is repealed eff. 11-1-26 by 2025 Wis. Act 179.
(3) With respect to sheriff’s fees for the seizure of property or evictions under s. 814.70 (8), the county board may establish a higher fee in an amount not to exceed the actual costs incurred in performing the seizure or eviction.
Plain-English Summary
Section 814.70’s fees are defaults, not ceilings. With respect to the fees enumerated in s. 814.70 (1), (2), (3) (a) and (b), (4) (a) and (b), and (8) — service of process, execution service, both tiers of travel, and seizure or eviction — the appropriate local governing body can set a higher rate: a county board for its sheriff, a city council for city constables and police, a village board for the village marshal and constable, and a town board for town constables or police.
Today, the section also lets a county board set a higher fee for the sheriff’s real estate sale services under s. 814.70 (9), capped at $150. That provision is being repealed effective November 1, 2026, likely because s. 814.70 (9)’s own flat fee is itself rising past that $150 ceiling on the same date, making a separate, lower-capped opt-up unnecessary.
A separate authority survives the change: with respect to the sheriff’s fees for seizure of property or evictions under s. 814.70 (8), the county board can set a higher fee, but that one isn’t capped at a fixed dollar figure — it’s limited instead to the actual costs incurred in performing the seizure or eviction.
Frequently Asked Questions
Can a Wisconsin county charge more than the standard sheriff service fee?
Yes. Under (1) (a), a county board may establish a higher fee for collection by the sheriff for several of the categories listed in s. 814.70, including service of process and travel.
Who can raise the fee a city constable charges for serving papers?
The city council, under (1) (b), for fees collected by city constables and city police.
Can a county set a higher fee for a sheriff’s real estate sale services under section 814.70 (9)?
Currently yes, capped at $150, but that authority is repealed effective November 1, 2026.
Is there a dollar cap on how much a county can raise the eviction or seizure fee?
No. Subsection (3) limits a higher seizure or eviction fee to the actual costs incurred in performing the seizure or eviction, rather than a fixed dollar ceiling.
Which section 814.70 fee categories aren’t covered by this general higher-fee authority?
Subsection (1) covers only fees under s. 814.70 (1), (2), (3) (a) and (b), (4) (a) and (b), and (8). The real estate sale fee under s. 814.70 (9) and the seizure or eviction fee under s. 814.70 (8) each get their own separate treatment under (2) and (3).
Amendment History
History: 1987 a. 181; 1993 a. 246; 1997 a. 27; 2003 a. 182; 2025 a. 179.
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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