The defendant may be arrested as hereinafter prescribed in the following cases:
818.02.When arrests may be made.
Ch. 818: Arrest and Bail · Last amended 2013 · Last verified July 15, 2026
In one sentenceSection 818.02 limits civil arrest of a defendant to specific categories of case, including certain tort and fraud claims, fiduciary misconduct, concealed personal property, child support and paternity proceedings, and particular statutory forfeiture actions.
Full Text of Section 818.02
(1) In an action for the recovery of damages on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom, or where the action is for an injury to person or character, or for seduction, or for criminal conversation, or for injuring, or for wrongfully taking, detaining or converting property, and in actions to recover damages for the value of property obtained by the defendant under false pretenses or false tokens.
(2) In an action for fine or penalty, or for money received, or for property embezzled or fraudulently misapplied by a public officer or by an attorney, solicitor or counsel, or by an officer or agent of a corporation or banking association, in the course of his or her employment as such, or by any factor, agent, broker or any person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment.
(3) In an action to recover possession of personal property unjustly detained where the property or any part thereof has been concealed, removed or disposed of so that it cannot be found or taken by the sheriff.
(4) Subsections (1) and (3) do not apply to any security agreement under which the plaintiff claims a purchase money security interest, as defined in s. 409.103.
(5) In a proceeding to enforce the duty of child support or maintenance.
(6) In a proceeding to determine paternity or to establish or revise a child support or maintenance obligation, if the court or a circuit court commissioner finds that the petitioner cannot effect service of process upon the respondent despite due diligence on the part of the petitioner or after the respondent is personally served but fails to appear on the return date, on the date set for the pretrial hearing or on the date set for the trial.
(7) In an action for a forfeiture under s. 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2).
(8) In an action for a forfeiture under a local ordinance enacted under s. 59.54 (25m).
Plain-English Summary
Section 818.02 is the heart of Wisconsin’s civil arrest chapter: the list of cases in which arrest is even on the table. It covers actions for damages on a non-contract claim where the defendant is a nonresident or about to leave the state, or where the claim involves injury to person or character, seduction, criminal conversation, wrongful taking or conversion of property, or property obtained by false pretenses or tokens. It covers actions for a fine or penalty, or for money or property embezzled or fraudulently misapplied by a public officer, attorney, corporate or banking officer or agent, or anyone acting as a factor, agent, broker, or other fiduciary, as well as misconduct or neglect in office or professional employment. And it covers actions to recover personal property unjustly detained where the property has been concealed, removed, or disposed of so the sheriff cannot find or take it.
The section then narrows and extends that list. The nonresident and concealed-property categories do not apply to a security agreement where the plaintiff claims a purchase money security interest. On the other side, the section adds proceedings to enforce child support or maintenance, and paternity or child support proceedings where the respondent cannot be served despite due diligence or fails to appear after being served. It also reaches specific forfeiture actions: those under particular drug-related statutes or matching local ordinances, forfeitures under a local ordinance enacted under section 59.54(25m), and proceedings under section 813.1285.
Because section 818.01 makes this chapter’s procedure the exclusive route to civil arrest, this list is not illustrative — a case has to fit one of these categories before arrest is available at all.
Frequently Asked Questions
What kinds of civil cases in Wisconsin allow the defendant to be arrested?
Section 818.02 lists non-contract damages actions against nonresident or fleeing defendants or involving certain torts, actions for fines, penalties, or fiduciary misconduct, actions to recover concealed personal property, child support and maintenance enforcement, certain paternity proceedings, and specific statutory forfeiture actions.
Can a defendant be arrested for breach of contract?
Not under the first category. Section 818.02(1) applies to damages actions on a cause of action not arising out of contract.
Does this section allow arrest in a purchase money security interest dispute?
No. Section 818.02(4) excludes security agreements where the plaintiff claims a purchase money security interest, as defined in section 409.103, from the nonresident and concealed-property categories.
Can a paternity respondent be arrested just for missing a court date?
Under section 818.02(6), arrest may be available if the court or a circuit court commissioner finds the petitioner could not serve the respondent despite due diligence, or if the respondent was personally served but failed to appear on the return date, pretrial hearing, or trial date.
Does this section cover any forfeiture actions?
Yes. Section 818.02(7) and (8) cover forfeiture actions under specific drug-related statutes or matching local ordinances, and forfeitures under a local ordinance enacted under section 59.54(25m).
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.02; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.02; 1979 c. 352; 1983 a. 447; 1985 a. 29; 1989 a. 121; 1993 a. 481, 486; 1995 a. 448; 2001 a. 10, 61; 2003 a. 193; 2005 a. 116; 2013 a. 321.
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 civil arrest categories statutewhen can a defendant be arrested wisconsin civil casechild support arrest wisconsinfraud embezzlement arrest civil action wisconsin