The party for whose benefit real estate was sold on execution and the party’s personal representatives, upon recovery being had against him or her under s. 815.57 in consequence of any irregularity in such sale, may have further execution upon the judgment to levy the sum paid on such sale, with interest. Such judgment shall be effectual for that purpose against the defendant, the defendant’s personal representative, heirs and devisees; but not against any purchaser in good faith or any encumbrancer whose title or whose encumbrance accrued before the levy of such execution.
815.58.Execution sale; judgment, creditor’s further remedy.
Ch. 815: Executions · Last amended 1995 · Last verified July 15, 2026
In one sentenceSection 815.58 lets a party who had to repay an evicted purchaser under section 815.57 use the original judgment for further execution to recover that payment, though the resulting lien reaches only the debtor’s side and never a good-faith purchaser or earlier encumbrancer.
Full Text of Section 815.58
Plain-English Summary
Section 815.57 makes the party who benefited from a flawed execution sale pay back the purchaser. Section 815.58 lets that party recoup the loss in turn. Once a recovery has been had against the party (or the party’s personal representative) under section 815.57 because of an irregularity in the sale, that party may pursue further execution on the original judgment to collect the sum just paid out, with interest.
The section is specific about who that further execution can reach. It is effectual against the original defendant, the defendant’s personal representative, heirs, and devisees. It is not effectual against anyone who purchased the property in good faith, or against any encumbrancer whose title or encumbrance attached before the new execution was levied. That limitation keeps innocent later purchasers and lienholders from being caught up in a dispute that traces back to the original sale’s defect.
Frequently Asked Questions
Can I get my money back if I had to reimburse a purchaser under section 815.57?
Yes. Section 815.58 lets you have further execution on the original judgment to levy the sum you paid, with interest.
Who can this further execution reach?
Section 815.58 says it is effectual against the defendant, the defendant’s personal representative, heirs, and devisees.
Can this execution reach a good-faith purchaser of the property?
No. Section 815.58 expressly excludes any purchaser in good faith from being reached by the further execution.
What about someone who has a mortgage or other encumbrance on the property?
Section 815.58 protects an encumbrancer whose title or encumbrance accrued before the levy of the further execution.
Does this remedy apply if the party’s personal representative made the repayment instead?
Yes. Section 815.58 extends the right to further execution to the party’s personal representatives, not just the party directly.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.58; 1993 a. 486; 1995 a. 225.
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 further execution after eviction repaymentrecovering repayment from judgment debtor wisconsingood faith purchaser protection execution saleencumbrancer protection wisconsin execution