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815.62.Lien, how preserved after execution sale; clerk’s fee.

Ch. 815: Executions · Last amended 1995 · Last verified July 15, 2026

In one sentenceSection 815.62 requires a person seeking contribution to file an affidavit with the clerk of circuit court within twenty days of paying more than their share, so the clerk can note the claimed lien in the judgment and lien docket, with a matching filing needed in any other county where the land sits.

Full Text of Section 815.62

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To preserve the lien of the original judgment upon lands and subject them to sale on execution under s. 815.61, the person aggrieved shall, within 20 days after the payment for which he or she claims a contribution, file an affidavit with the clerk of circuit court in which the original judgment was rendered, stating the sum paid and his or her claim to use the judgment for the reimbursement of the payment. The clerk of circuit court shall enter in the judgment and lien docket the sum paid and that the judgment is claimed to be a lien in that amount. To preserve the lien upon property situated in a county other than the county where the circuit court that rendered the judgment is located, a similar affidavit and notice shall be filed with the clerk of circuit court for that county and a like entry made upon the judgment and lien docket in that county. The fee of the clerk of circuit court for making the entry is prescribed in s. 814.61 (5).

Plain-English Summary

Section 815.61 lets a judgment’s lien stay alive to secure a contribution claim, but only if that lien is preserved the way section 815.62 requires. The person aggrieved has twenty days after making the payment for which contribution is claimed to file an affidavit with the clerk of circuit court in which the original judgment was rendered. The affidavit must state the sum paid and the claim to use the judgment to be reimbursed for that payment.

Once the affidavit is filed, the clerk enters the sum paid in the judgment and lien docket, along with a note that the judgment is claimed to be a lien in that amount. If the land subject to contribution sits in a different county from the one where the judgment was rendered, the person must file a similar affidavit and notice with that county’s clerk of circuit court too, and a matching entry goes on that county’s docket. The clerk’s fee for making the entry is set by section 814.61(5).

Frequently Asked Questions

How long do I have to file the affidavit to preserve my contribution lien?

Section 815.62 gives you twenty days after the payment for which you claim contribution to file the affidavit with the clerk of circuit court.

What must the affidavit say?

Section 815.62 requires the affidavit to state the sum paid and the claim to use the judgment for reimbursement of that payment.

What does the clerk do once I file the affidavit?

The clerk of circuit court enters the sum paid in the judgment and lien docket, along with a note that the judgment is claimed to be a lien in that amount.

What if the land I want to reach is in a different county than where the judgment was entered?

Section 815.62 requires filing a similar affidavit and notice with the clerk of circuit court in that other county, with a matching entry made on that county’s judgment and lien docket.

Is there a fee for the clerk to make this entry?

Yes. Section 815.62 sets the clerk’s fee for making the entry by reference to section 814.61(5).

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.62; 1981 c. 317; 1995 a. 224.

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 preserve contribution lien affidavittwenty day deadline contribution lien wisconsinjudgment and lien docket contribution wisconsinfiling affidavit clerk circuit court contribution