(1g) (a) The execution shall be issued from and sealed with the seal of the court and signed by the clerk of circuit court where the judgment, a certified copy of the judgment, or the transcript of the municipal judge’s judgment is filed. The execution shall be directed to the sheriff or, except as provided for in par. (b), to the coroner if the sheriff is a party or interested, and countersigned by the judgment owner or the owner’s attorney. The execution shall intelligibly refer to the judgment, stating all of the following: 1. The court. 2. The county where the judgment or a certified copy of the judgment or the transcript is filed. 3. The names of the parties. 4. The amount of the judgment, if it is for money. 5. The amount due on the judgment. 6. The time of entry in the judgment and lien docket in the county to which the execution is issued. (b) Whenever a judgment is recovered in any court of record against the sheriff, the execution thereon may be directed and delivered to any person, except a party in interest, designated by order of the court who shall perform the duties of a sheriff and be liable in all respects to all the provisions of law respecting sheriffs to the extent that those laws are applicable. (1s) If the execution is against the property of the judgment debtor, the execution shall require the officer to whom it is directed to satisfy the judgment out of the personal property of the debtor, and if sufficient personal property cannot be found, out of the real property belonging to the judgment debtor on the day when the judgment was entered in the judgment and lien docket in the county or at any time thereafter. (2) If real estate has been attached and judgment rendered for the plaintiff, the execution may also direct a sale of the interest that the defendant had in the attached real estate at the time it was attached or at any time thereafter. (3) If the execution is upon a judgment to enforce a lien upon specific property, the execution shall require the officer to whom it is directed to sell the interest that the defendant had in that specific property at the time that the lien attached. (4) If the execution is against property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property or trustees, the execution shall require the officer to whom it is directed to satisfy the judgment out of that property. (5) If the execution is against the person of the judgment debtor, the execution shall require the officer to whom it is directed to arrest the judgment debtor and commit the judgment debtor to the county jail until the judgment debtor pays the judgment or is discharged according to law. (6) If the execution is for the delivery of property, the execution shall require the officer to whom it is directed to deliver the possession of the property, particularly describing the property, to the party entitled to the property, and may require the officer to satisfy any costs, damages or rents and profits covered by the judgment out of the personal property of the party against whom the judgment was rendered, and shall specify the value of the property for which the judgment was recovered. If delivery of the property is not possible and if sufficient personal property cannot be found, the officer may satisfy the judgment out of the real property belonging to the person against whom the execution was rendered on the day when the judgment was entered in the judgment and lien docket or at any time thereafter. (6m) If a judgment in replevin is entered against the principal and also against the principal’s sureties under s. 810.15, the execution shall direct that the property of the surety shall not be levied on unless the property found, belonging to the principal, is not sufficient to satisfy the judgment. (7) If the judgment is not all due, the execution may issue for the collection of any installments that have become due, and shall direct the sheriff to collect the amount then due, with interest and costs, stating the amount of each. The judgment shall remain as security for the installments thereafter to become due, and whenever any further installments become due, execution may in like manner be issued for their collection. (8) Except as provided in s. 807.01 (4), every execution upon a judgment for the recovery of money shall direct the collection of interest at an annual rate equal to 1 percent plus the prime rate in effect on January 1 of the year in which the judgment is entered if the judgment is entered on or before June 30 of that year or in effect on July 1 of the year in which the judgment is entered if the judgment is entered after June 30 of that year, as reported by the federal reserve board in federal reserve statistical release H. 15, on the amount recovered from the date of the entry of the judgment until it is paid.
815.05.Execution, how issued; contents.
Ch. 815: Executions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 815.05 spells out exactly how a Wisconsin execution must be issued and sealed, what it has to say, and how its required directions to the serving officer change depending on whether it targets property, a person, specific liened property, or the delivery of goods.
Full Text of Section 815.05
Plain-English Summary
Issuance has to follow set formalities. The execution must be sealed with the court’s seal, signed by the clerk of circuit court where the judgment (or a certified copy, or a municipal judge’s transcript) is filed, directed to the sheriff (or, subject to a court-appointed substitute, the coroner if the sheriff is a party or interested), and countersigned by the judgment owner or the owner’s attorney. It must intelligibly identify the court, the county where the judgment is filed, the parties’ names, the judgment amount if it’s for money, the amount still due, and when it was entered in the judgment and lien docket.
What the execution has to direct the officer to do changes with its type. A property execution requires the officer to satisfy the judgment first out of the debtor’s personal property, and only if that’s insufficient out of real property the debtor owned on or after the judgment’s docketing date. Where real estate was attached, the execution can also direct a sale of the debtor’s interest in that property as of the time of attachment or later. An execution to enforce a lien on specific property reaches only the debtor’s interest in that property as of when the lien attached, and execution can reach property held by a personal representative, heir, devisee, legatee, tenant, or trustee.
Execution against the person directs the officer to arrest the judgment debtor and commit them to the county jail until they pay the judgment or are discharged according to law. Execution for delivery of property directs the officer to hand over specifically described property to the party entitled to it, lets the officer satisfy any accompanying costs, damages, rents, or profits out of the debtor’s personal property (or, if delivery isn’t possible and personal property falls short, out of real property owned on or after the docketing date), and must state the property’s value. A related rule for replevin judgments against a principal and the principal’s sureties keeps the surety’s property off-limits unless the principal’s own property proves insufficient.
If a judgment isn’t all due yet, execution can issue just for the installments already due, directing the sheriff to collect that amount with interest and costs; the judgment stays as security for what’s still to come, and further executions can issue as later installments mature. And every execution on a money judgment must direct collection of interest at 1 percent above the prime rate reported by the Federal Reserve, measured as of a date tied to when the judgment was entered, running from entry until the judgment is paid, except as s. 807.01 (4) provides.
Frequently Asked Questions
Who signs and seals a Wisconsin execution?
The clerk of the court where the judgment is filed; it’s countersigned by the judgment owner or the owner’s attorney.
What information must a Wisconsin execution include?
The court, the county where the judgment is filed, the parties’ names, the judgment amount if it’s a money judgment, the amount still due, and when it was entered in the judgment and lien docket.
What happens under an execution against the person of a judgment debtor?
The officer arrests the debtor and commits them to the county jail until they pay the judgment or are discharged according to law.
What interest rate applies to a money judgment under execution?
1 percent plus the prime rate reported by the Federal Reserve as of a date tied to when the judgment was entered, running from entry until the judgment is paid, except as s. 807.01 (4) provides.
Can execution issue for only part of a judgment that isn’t all due yet?
Yes, under (7), for the installments already due, with the judgment remaining as security for the rest and further executions available as later installments come due.
Amendment History
History: 1971 c. 141; Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.
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
Also known as: wisconsin execution requirements815.05 wisconsin statuteexecution against the person wisconsin jailjudgment interest rate execution wisconsincontents of a writ of execution wisconsin