Before making the order for arrest the court or judge shall require a bond of the plaintiff, with or without sureties, to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may be awarded to the defendant and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the bond, which shall be at least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall annex thereto an affidavit that the plaintiff is a resident and householder or freeholder within the state and worth double the sum specified in the bond above all of the plaintiff’s debts and liabilities in property in this state not exempt from execution. This section does not apply to an order for arrest in an action to determine paternity or to any action under ch. 767 brought by the state or its designee.
818.05.Bond of plaintiff.
Ch. 818: Arrest and Bail · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 818.05 requires the plaintiff to post a bond of at least one hundred dollars before an arrest order issues, covering the defendant’s costs and damages if the plaintiff loses, unless the case is a paternity action or a state-brought action under chapter 767.
Full Text of Section 818.05
Plain-English Summary
Ordering a defendant’s arrest carries real risk for the defendant, so section 818.05 makes the plaintiff put something on the line first. Before the court or judge makes the order for arrest, the plaintiff must post a bond, with or without sureties, promising that if the plaintiff fails to recover, the plaintiff will pay all costs awarded to the defendant and all damages the defendant sustains because of the arrest. That bond must be for at least one hundred dollars, though the plaintiff and court can set it higher.
If the plaintiff executes the bond without sureties backing it, the plaintiff must attach an affidavit showing the plaintiff is a resident and a householder or freeholder in the state, worth double the bond amount above the plaintiff’s own debts and liabilities in property in the state not exempt from execution. That affidavit substitutes financial proof for a surety’s guarantee.
The section exempts two situations from the bond requirement entirely: an order for arrest in an action to determine paternity, and any action under chapter 767 brought by the state or its designee.
Frequently Asked Questions
Does a plaintiff have to post a bond before getting a defendant arrested in a Wisconsin civil case?
Yes, generally. Section 818.05 requires a bond before the order for arrest is made, covering the defendant’s costs and damages if the plaintiff fails to recover.
How large does the bond have to be?
Section 818.05 requires the bond to be for at least one hundred dollars, with the actual amount specified in the bond.
What if the plaintiff’s bond has no sureties backing it?
Section 818.05 requires the plaintiff to attach an affidavit showing residency and householder or freeholder status, worth double the bond amount above the plaintiff’s debts and liabilities in nonexempt property in the state.
Are there any cases where the plaintiff does not need to post this bond?
Yes. Section 818.05 exempts an order for arrest in an action to determine paternity, and any action under chapter 767 brought by the state or its designee.
What does the bond protect the defendant against?
Section 818.05 covers all costs that may be awarded to the defendant and all damages the defendant may sustain because of the arrest, up to the sum specified in the bond, if the plaintiff fails to recover.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.05; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.05; 1983 a. 447; 1989 a. 212; 1993 a. 486; 2001 a. 16.
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 plaintiff bond before arrest orderhundred dollar bond civil arrest wisconsinpaternity action bond exemption wisconsinaffidavit no sureties arrest bond wisconsin