Upon satisfactory proof by affidavit that there is danger of the judgment debtor’s leaving the state or concealing himself or herself and that there is reason to believe that the judgment debtor has property which the judgment debtor unjustly refuses to apply to such judgment, the court or judge may issue a warrant requiring the sheriff to arrest and bring the judgment debtor before such court or judge to answer concerning the judgment debtor’s property.
816.05.Warrant against debtor.
Ch. 816: Remedies Supplementary to Execution · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 816.05 lets a court issue a warrant for the sheriff to arrest a judgment debtor and bring the debtor in to answer about property, but only on affidavit proof that the debtor may flee or hide and is unjustly withholding property from the judgment.
Full Text of Section 816.05
Official Notes
Cross-reference: See s. 425.113 which prohibits warrants against the person of a customer with respect to a claim arising from a consumer credit transaction.
Plain-English Summary
Most supplementary proceedings rely on an order for the debtor to appear voluntarily. Section 816.05 covers the more urgent case. If satisfactory proof by affidavit shows a danger that the judgment debtor may leave the state or go into hiding, and reason to believe the debtor has property being unjustly withheld from the judgment, the court or judge may issue a warrant. That warrant requires the sheriff to arrest the debtor and bring the debtor before the court or judge to answer concerning the debtor’s property.
This is a narrower remedy than the ordinary appearance order in section 816.03: it demands both flight risk and evidence of concealed or withheld property before a warrant can issue. A cross-reference in the official notes flags an important limit on how far this remedy reaches — section 425.113 bars using a warrant against the person of a customer on a claim arising out of a consumer credit transaction.
Frequently Asked Questions
Can a Wisconsin court have a judgment debtor arrested to answer about property?
Yes, under section 816.05, if satisfactory proof by affidavit shows danger that the debtor will leave the state or conceal themselves and reason to believe the debtor has property unjustly withheld from the judgment.
What must the affidavit show before a warrant can issue?
Section 816.05 requires proof of danger that the debtor will leave the state or conceal themselves, and reason to believe the debtor has property the debtor unjustly refuses to apply to the judgment.
Who executes the warrant?
Section 816.05 directs the warrant to the sheriff, requiring the sheriff to arrest the debtor and bring the debtor before the court or judge.
Does this warrant apply to debts from consumer credit transactions?
No. The official note to section 816.05 cross-references section 425.113, which prohibits a warrant against the person of a customer on a claim arising from a consumer credit transaction.
What happens once the debtor is brought before the court under this warrant?
Section 816.06 governs the hearing, allowing the debtor to be examined under oath and testimony to be offered by either party.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 816.05; 1993 a. 486.
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 warrant to arrest judgment debtordebtor arrest supplementary proceedings wisconsinconsumer credit warrant exception wisconsinflight risk judgment debtor warrant