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815.04.Execution, when issued.

Ch. 815: Executions · Last amended 1995 · Last verified July 15, 2026

In one sentenceSection 815.04 gives a judgment creditor five years to obtain execution as of right, allows court-approved execution later, up to a twenty-year outer limit, and lets anyone who owes the judgment debtor pay the sheriff directly to help satisfy the execution.

Full Text of Section 815.04

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(1) (a) Upon any judgment of a court of record perfected as specified in s. 806.06 or any judgment of any other court entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the rendition of the judgment. When an execution has been issued and returned unsatisfied in whole or in part other executions may issue at any time upon application of the judgment creditor. (b) If no execution on a judgment as described in par. (a) is issued within 5 years after the rendition of the judgment, or, if application is made by one other than the judgment creditor, execution may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is served in a court of record. If the judgment debtor is absent or a nonresident, service of the notice may be by a class 3 notice, under ch. 985, or in any other manner that the court directs. Application shall be by the petition of the judgment creditor or of the assignee, setting forth that the judgment or a portion of the judgment remains unpaid, and that the petitioner is the bona fide owner of the judgment, for value. (c) No executions shall issue or any proceedings be commenced upon any judgment after 20 years from the rendition of the judgment.
(2) When the sheriff holds an execution against property any person indebted to the judgment debtor may pay to the sheriff the amount of the indebted person’s debt not exempt from execution or so much thereof as shall be necessary to satisfy the execution, and the sheriff’s receipt shall be a sufficient discharge for the amount so paid.

Plain-English Summary

On a judgment of a court of record perfected under s. 806.06, or any other court’s judgment entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the judgment was rendered, without needing special court permission. Once an execution has issued and come back unsatisfied, in whole or in part, further executions may issue at any time on the judgment creditor’s application.

After that 5-year window closes, or if someone other than the judgment creditor wants execution, the court must grant leave, exercising its discretion, and only after prior notice to the judgment debtor, served like a summons. If the debtor is absent or lives out of state, notice can go by a class 3 notice under ch. 985, or however the court directs. The application itself has to be a petition, from the judgment creditor or an assignee, stating that the judgment (or part of it) remains unpaid and that the petitioner is the bona fide owner of it for value.

There’s a hard outer limit regardless of leave of court: no execution may issue, and no proceeding may be commenced, on any judgment more than 20 years after it was rendered.

Subsection (2) adds a separate, practical mechanism. Once the sheriff holds an execution against property, anyone who owes the judgment debtor money can pay the sheriff directly — their non-exempt debt, or as much as is needed to satisfy the execution — and the sheriff’s receipt fully discharges that debt to the extent paid.

Frequently Asked Questions

How long does a Wisconsin judgment creditor have to get an execution without court permission?

5 years after the judgment’s rendition, under (1) (a).

Can I still get an execution after 5 years have passed?

Yes, but only with the court’s leave, on prior notice to the judgment debtor, and by petition showing the judgment remains unpaid and that the petitioner is the bona fide owner of it for value.

Is there an absolute deadline for enforcing a Wisconsin judgment?

Yes. Paragraph (c) bars any execution or proceeding on the judgment after 20 years from its rendition, regardless of leave of court.

How is a judgment debtor notified when someone else applies for leave to execute?

By service like a summons, or, if the debtor is absent or a nonresident, by a class 3 notice under ch. 985 or however the court directs.

Can someone who owes money to the judgment debtor pay the sheriff directly instead?

Yes, under (2), and the sheriff’s receipt is a sufficient discharge of that debt to the extent it’s applied toward satisfying the execution.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.04; 1993 a. 486; 1995 a. 224.

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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