When a party shall have been arrested on an execution no other execution upon the same judgment can be issued against the party or the party’s property except as provided by s. 898.10; but if the party shall escape the party may be retaken by a new execution against the party’s body or an execution against the party’s property may be issued in the same manner as if the party had never been arrested on execution.
815.10.Execution against body only remedy, exception.
Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 815.10 makes arrest on an execution the exclusive remedy on that judgment, except as section 898.10 provides, but restores the creditor’s full range of remedies against the debtor’s body or property if the arrested party escapes.
Full Text of Section 815.10
Plain-English Summary
Once a party has been arrested on an execution, section 815.10 treats that arrest as the end of the line for that judgment: no other execution on the same judgment can be issued against the party or the party’s property, except as section 898.10 separately allows. The arrest, in other words, becomes the creditor’s chosen and exclusive remedy.
That exclusivity does not survive an escape. If the arrested party escapes, the creditor is not stuck without a remedy. The party may be retaken by a new execution against the body, or the creditor may instead issue an execution against the party’s property, in the same manner as if the party had never been arrested on execution in the first place.
Frequently Asked Questions
Once a debtor is arrested on an execution, can the creditor also go after their property?
Not under section 815.10’s general rule. Arrest on an execution bars any other execution against the party or the party’s property on the same judgment, except as section 898.10 provides.
What happens if the arrested party escapes custody?
Escape reopens the creditor’s options. Section 815.10 allows a new execution against the party’s body to retake them, or an execution against the party’s property, as if the party had never been arrested.
Is there any exception to the rule that arrest is the exclusive remedy?
Yes. Section 815.10 states the exclusivity rule “except as provided by s. 898.10,” meaning that separate statute carves out its own exception.
Can the creditor choose either remedy after an escape?
Yes. Section 815.10 allows retaking the party by a new execution against the body, or issuing an execution against the party’s property, treating both as available once escape has occurred.
Does this section apply to any kind of custody, or only arrest on an execution?
It applies specifically to a party who has been arrested on an execution, not to custody arising from some other process.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.10; 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 arrest on execution exclusive remedydebtor escapes after arrest execution wisconsinwis stat 815.10execution against body only remedy wisconsinsection 898.10 exception execution wisconsin