Where money remains on deposit at the time of judgment for the payment of money to the plaintiff, the clerk shall, under direction of the court, apply the same in satisfaction thereof, and refund the surplus to the defendant, except as provided in s. 814.61 (12) (c). If judgment be for the defendant the clerk shall return the deposit to the defendant.
818.14.Application of deposit.
Ch. 818: Arrest and Bail · Last amended 1991 · Last verified July 15, 2026
In one sentenceSection 818.14 has the clerk apply any money still on deposit at judgment toward a judgment for the plaintiff, refund the leftover to the defendant, and return the whole deposit to the defendant if the defendant wins instead.
Full Text of Section 818.14
Plain-English Summary
Section 818.14 picks up where a deposit was never converted into bail and instead stays on file with the court through judgment. If the judgment orders the defendant to pay the plaintiff, the clerk, acting under the court’s direction, applies the deposit toward satisfying that payment and refunds whatever is left over to the defendant. That surplus refund is subject to one exception tied to a separate costs provision, section 814.61 (12) (c).
If the judgment instead comes out for the defendant, there is no offset to work out. The clerk returns the deposit to the defendant in full.
Read together with section 818.13, this section shows the two paths a deposit can take: it can be traded for bail before judgment, with a refund following justification, or it can sit in place until judgment and then be applied or returned depending on who wins.
Frequently Asked Questions
What happens to a civil-arrest cash deposit when the plaintiff wins the judgment?
The clerk, under the court’s direction, applies the deposit toward satisfying the judgment for the plaintiff and refunds any surplus to the defendant.
Does the defendant get the entire deposit back if the plaintiff wins?
Only the surplus left after the deposit satisfies the judgment, and that surplus refund is subject to the exception in section 814.61 (12) (c).
What happens to the deposit if the defendant wins the case?
The clerk returns the full deposit to the defendant, with no application toward any judgment.
Who is responsible for applying the deposit to the judgment?
The clerk applies it, but does so under the direction of the court.
Is the deposit ever unavailable for a refund even though the defendant won?
Section 818.14 addresses that outcome only for a judgment for the plaintiff, where the exception in section 814.61 (12) (c) can limit the surplus refunded; a judgment for the defendant calls for returning the full deposit.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.14; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.14; 1989 a. 191; 1991 a. 32.
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
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