815.35.Execution; taking down notice.
Ch. 815: Executions · Last amended 1975 · Last verified July 15, 2026
Full Text of Section 815.35
Plain-English Summary
Section 815.35 protects the notice an officer posts for an execution sale from being tampered with before the sale happens. If any person takes down or defaces a notice of a sale on execution that an officer put up, before the day of sale the notice specifies, that person becomes liable to the party who sued out the execution for $50.
The section carves out two situations where taking the notice down is not penalized: satisfaction of the execution, or the consent of the parties to the action. Outside those situations, the $50 liability applies to whoever removed or defaced the notice, not only to a party in the case.
Frequently Asked Questions
What happens if someone tears down a posted notice of an execution sale before the sale date?
Section 815.35 makes that person liable to the party who sued out the execution for $50.
Are there any situations where taking down the notice is allowed?
Yes. It is not penalized if it happens upon satisfaction of the execution, or upon the consent of the parties to the action.
Who can be held liable under this section?
Any person who takes down or defaces the notice, not only a party to the case.
Does this section apply to notices for personal property sales, real estate sales, or both?
Its text refers generally to “any notice of a sale upon execution,” without limiting itself to real estate or personal property.
Who receives the $50 if someone improperly removes the notice?
The party suing out the execution.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.35.