Any officer who shall sell real estate upon execution without having given the previous notices directed by s. 815.31, or otherwise than in the manner prescribed by law, shall be liable to the party injured in the sum of $1,000 damage and also for the actual damages sustained.
815.34.Execution sale without notice.
Ch. 815: Executions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 815.34 makes an officer personally liable for $1,000 in damages, plus whatever actual damages resulted, for selling real estate on execution without giving the notices section 815.31 requires, or otherwise than in the manner the law prescribes.
Full Text of Section 815.34
Plain-English Summary
Section 815.34 backs up section 815.31’s notice requirements with a damages remedy. Any officer who sells real estate on execution without having given the previous notices section 815.31 directs, or otherwise than in the manner the law prescribes, is liable to the party injured in the sum of $1,000, and also for the actual damages sustained.
The liability has two parts: a fixed $1,000 figure, and whatever actual damages the injured party can show flowed from the improper sale. The section reaches both a bare failure to give notice and a sale conducted in some other way outside the manner prescribed by law.
Frequently Asked Questions
What happens if an officer sells real estate on execution without giving the required notice?
Section 815.34 makes the officer liable to the injured party for $1,000 in damages.
Is the $1,000 the only damages an injured party can recover?
No. The officer is also liable for the actual damages sustained.
Does this liability only cover failure to give notice, or other violations too?
It also covers a sale conducted “otherwise than in the manner prescribed by law,” beyond just a failure to give notice.
Who bears this liability, the officer personally or the county?
The section places liability on “any officer” who sells the real estate without giving the required notices or otherwise than as the law prescribes.
Which notice requirement does this section enforce?
The notices directed by section 815.31 for real estate execution sales.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.34.
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 sheriff liable for improper sale noticedamages for execution sale without notice wisconsinwis stat 815.34section 815.31 notice violation penalty wisconsinofficer liability improper execution sale wisconsin