If the action be one in which the defendant might have been arrested, as provided in ch. 818, an execution against the person of the judgment debtor may be issued after the return of an execution against the defendant’s property unsatisfied in whole or in part; but if the defendant be imprisoned on execution in another action, or upon mesne process in the same action, an execution may issue against the defendant’s body without any previous execution against the defendant’s property.
815.09.Execution against debtor’s person.
Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 815.09 lets a judgment creditor pursue execution against a debtor’s person, in actions where arrest was available under chapter 818, once an execution against the debtor’s property comes back unsatisfied in whole or in part, or immediately if the debtor is already imprisoned on execution in another action or on mesne process in the same action.
Full Text of Section 815.09
Plain-English Summary
Section 815.09 addresses the sequence a judgment creditor follows when the underlying action is one in which the defendant might have been arrested under chapter 818. As a rule, the creditor must try property first: execution against the debtor’s person may issue only after an execution against the debtor’s property has been returned unsatisfied, whether that means nothing was collected or only part of the judgment was covered.
The section then carves out two situations where the creditor does not need to wait for that property execution to come back. If the defendant is already imprisoned on execution in another action, or held on mesne process in the same action, an execution against the defendant’s body may issue right away, without any prior execution against the defendant’s property.
Because the section is tied to chapter 818, it does not reach every judgment — only actions of the kind where arrest of the defendant was available in the first place.
Frequently Asked Questions
Can a judgment creditor go after the debtor personally without first trying to collect from property?
Generally no. Section 815.09 requires an execution against the debtor’s property to be returned unsatisfied, in whole or in part, before an execution against the debtor’s person may issue, unless one of the section’s exceptions applies.
When can execution against the person issue immediately, without a prior property execution?
When the defendant is already imprisoned on execution in another action, or held on mesne process in the same action. In either case, execution may issue against the defendant’s body without any previous execution against property.
Does this section apply to every civil judgment?
No. It applies only to an action of the kind in which the defendant might have been arrested, as provided in chapter 818.
What if the property execution only partly satisfies the judgment?
That still opens the door to a personal execution. The section refers to a property execution returned unsatisfied “in whole or in part.”
Does mesne process mean the same thing as an execution?
No. Mesne process refers to process issued during the course of the same action before judgment, which is why the section treats a defendant held on it the same way as one already imprisoned on an execution in a separate action.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.09; Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1993 a. 486.
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 against debtor’s bodybody execution after property execution unsatisfied wisconsinarrest on execution wisconsin chapter 818wis stat 815.09imprisoned on mesne process execution wisconsin