(1) An order under s. 816.03 (1) issued by a supplemental court commissioner shall be served in the same manner as the service of a summons under s. 801.11. The return on the order shall be made to the supplemental commissioner who issued the order. The supplemental commissioner shall file the order and the return with the clerk of the court in which the judgment involved is entered.
816.035.Commissioners’ orders; service and return; filing; fees.
Ch. 816: Remedies Supplementary to Execution · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 816.035 requires an order a supplemental court commissioner issues under section 816.03 to be served like a summons, returned to the commissioner, and filed with the clerk of the court holding the judgment, with a fee collected at issuance for attending the examination.
Full Text of Section 816.035
Plain-English Summary
Section 816.03 lets a supplemental court commissioner order a judgment debtor to appear and answer about property. Section 816.035 fills in the mechanics for that order. It must be served the same way a summons is served under section 801.11. Once served, the return goes back to the same supplemental commissioner who issued the order, and that commissioner then files both the order and the return with the clerk of the court where the underlying judgment is entered.
The section also addresses payment. When the supplemental court commissioner issues the order, the commissioner collects the fee set by section 814.68(2) for attending the examination, at that point rather than after the hearing.
Frequently Asked Questions
How must an order from a supplemental court commissioner under section 816.03 be served?
Section 816.035 requires it to be served in the same manner as service of a summons under section 801.11.
Where does the return on the order go?
Section 816.035 requires the return to be made to the supplemental commissioner who issued the order, who then files the order and return with the clerk of the court where the judgment is entered.
Is there a fee for this kind of order, and when is it collected?
Yes. Section 816.035 requires the supplemental court commissioner to collect the fee prescribed in section 814.68(2) for attendance upon the examination, at the time the order is issued.
Does this section create the commissioner’s authority to issue the order?
No. Section 816.03 creates that authority; section 816.035 governs how the resulting order is served, returned, and filed.
Who is responsible for filing the order and return with the court?
Section 816.035 places that responsibility on the supplemental court commissioner who issued the order.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 816.035; 1981 c. 317; 1993 a. 22; 2001 a. 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
Also known as: wisconsin supplemental commissioner order serviceserving debtor exam order wisconsinfiling return supplemental court commissionerfee for debtor examination wisconsin