818.15.Sheriff’s return to plaintiff; notice of nonacceptance.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
Full Text of Section 818.15
Plain-English Summary
Once a sheriff carries out an order of arrest and notifies the plaintiff or the plaintiff’s attorney, the sheriff also has to hand over a certified copy of the bail bond taken in the case, at that same time. That puts the plaintiff on notice of exactly who the sureties are and what they promised.
The plaintiff then has 10 days from that notice to serve the sheriff with a notice that the plaintiff does not accept the bail. If the plaintiff lets those 10 days pass without acting, the plaintiff is deemed to have accepted the bail, and the sheriff is exonerated from liability over it.
This section sets the clock running on the whole justification process that follows. A timely notice of nonacceptance is what opens the door to the justification proceedings described in the sections that follow; silence closes that door and protects the sheriff.
Frequently Asked Questions
What must the sheriff give the plaintiff after making an arrest and posting bail is set up?
At the same time the sheriff notifies the plaintiff or the plaintiff’s attorney of the execution of the order of arrest, the sheriff must deliver a certified copy of the bail bond.
How long does the plaintiff have to reject the bail?
The plaintiff has 10 days after that notice to serve the sheriff with a notice that the plaintiff does not accept the bail.
What happens if the plaintiff does nothing within those 10 days?
The plaintiff is deemed to have accepted the bail, and the sheriff is exonerated from liability.
What happens once the plaintiff serves a notice of nonacceptance?
That notice sets up the justification process, where the sheriff or defendant can give notice that the same or other bail will justify before a judge.
Why does this 10-day window matter for the sheriff?
It gives the sheriff a defined point at which liability over the bail is resolved, either through the plaintiff’s timely rejection or through the deemed acceptance that follows silence.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.15; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.15; 1993 a. 486.