In an action to compel contribution under s. 815.59 the court shall, in a proper case, permit the plaintiff to use the original judgment and issue execution thereon, for the amount which ought to be contributed by the lands subject to the lien of such judgment, and for that purpose such original judgment shall remain a lien, when preserved as provided in s. 815.62, for the term of 10 years from the date of the entry thereof, to the extent of the sum which ought to be so contributed, but in all cases such liens shall continue for the purposes above stated for 3 years after any sale under which contribution is claimed.
815.61.Proceedings to recover contribution.
Ch. 815: Executions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 815.61 lets a court permit a plaintiff seeking contribution under section 815.59 to reuse the original judgment and issue execution for the contribution amount, keeping that judgment’s lien alive for ten years, or at least three years after the triggering sale.
Full Text of Section 815.61
Plain-English Summary
Section 815.59 creates the right to contribution among landowners whose parcels are bound by the same judgment. Section 815.61 supplies the mechanism for enforcing it. In a proper case, the court may permit the plaintiff pursuing contribution to use the original judgment and issue execution on it, but only for the amount that ought to be contributed by the lands subject to that judgment’s lien.
To make that possible, the section keeps the original judgment’s lien alive longer than it would otherwise last, when the lien is preserved as section 815.62 requires. The lien continues for ten years from the date the judgment was entered, but only to the extent of the sum that ought to be contributed. And in every case, regardless of the ten-year period, the lien continues for at least three years after any sale under which contribution is claimed.
Frequently Asked Questions
Can I use the original judgment to collect contribution from other landowners?
Yes, in a proper case. Section 815.61 lets the court permit the plaintiff to use the original judgment and issue execution on it for the amount that ought to be contributed.
How long does the original judgment’s lien last for contribution purposes?
Section 815.61 keeps the lien alive for ten years from entry of the judgment, to the extent of the sum owed in contribution, when preserved as section 815.62 requires.
What if more than ten years have passed since the judgment but I recently had a sale triggering contribution?
Section 815.61 provides that in all cases the lien continues for three years after any sale under which contribution is claimed, regardless of the ten-year period.
Do I need to do anything to keep this lien alive, or does it continue automatically?
Section 815.61 ties the extended lien to preservation under section 815.62, which requires filing an affidavit with the clerk of circuit court.
Is the execution under this section for the full original judgment amount?
No. Section 815.61 limits the execution to the amount which ought to be contributed by the lands subject to the lien, not the full original judgment.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.61.
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
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