Whenever title has been perfected to any real estate sold on execution, or to any part or interest in the real estate, and the defendant in execution, or any other person claiming under the defendant by title accruing subsequently to the entry of the judgment in the judgment and lien docket upon which the judgment was issued, shall be in possession of that real estate or part or interest in that real estate, and, upon demand of the person in whom the title has been perfected, refuses to surrender the possession, the person may apply to the court from which the execution issued, by verified petition, for a writ of assistance to obtain possession. A copy of this petition, with a notice of the time and place when and where the petition will be presented, shall be served upon the person against whom the writ is issued at least 10 days before the petition is presented. The petition may be served as a summons in an action in the circuit court. The court may direct the writ to issue, and the writ shall be executed and return made in the same manner as upon a sale upon a judgment for foreclosure of a mortgage.
815.63.Sheriff’s deed; writ of assistance.
Ch. 815: Executions · Last amended 1995 · Last verified July 15, 2026
In one sentenceSection 815.63 lets a person whose title to execution-sale real estate has been perfected apply by verified petition for a writ of assistance when the defendant, or someone claiming under the defendant, refuses to give up possession after demand, with ten days’ notice required before the petition is heard.
Full Text of Section 815.63
Plain-English Summary
Perfecting title to real estate sold on execution does not always mean getting physical possession of it. Section 815.63 addresses the holdout case: if the defendant in the execution, or someone else claiming under the defendant through a title that arose after the judgment was entered in the judgment and lien docket, stays in possession and refuses to leave despite a demand from the person whose title has been perfected, that person may ask the court that issued the execution for a writ of assistance.
The request must come by verified petition, and it cannot be sprung on the person in possession. A copy of the petition, along with notice of when and where it will be presented, must be served on that person at least ten days before the court hears it. The petition can be served the same way a summons is served in a circuit court action. If the court grants the request, the writ issues, and it is executed and returned the same way a writ would be after a mortgage foreclosure sale.
Frequently Asked Questions
What can I do if the former owner won’t leave property I bought at a Wisconsin execution sale?
Section 815.63 lets you apply to the court that issued the execution, by verified petition, for a writ of assistance once your title has been perfected and the person in possession has refused to surrender it after demand.
How much notice does the person in possession get before the petition is heard?
Section 815.63 requires that a copy of the petition and notice of the time and place it will be presented be served at least ten days before the petition is presented.
How is the petition served on the person in possession?
Section 815.63 allows the petition to be served in the same manner as a summons in a circuit court action.
Does this apply to someone who bought the property from the original defendant after judgment?
Yes, if that person’s title accrued after the judgment was entered in the judgment and lien docket on which the execution issued; section 815.63 reaches anyone claiming under the defendant on that basis.
How is the writ of assistance carried out once the court grants it?
Section 815.63 says the writ is executed and returned in the same manner as upon a sale on a judgment for foreclosure of a mortgage.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.63; 1977 c. 449; 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 writ of assistance execution saleevicting former owner after sheriff sale wisconsinpossession after execution sale wisconsinverified petition writ of assistance procedure