Each surety must be a resident and freeholder within the state and be worth the amount specified in the order of arrest, above all the surety’s liabilities, in property within this state, not exempt from execution; but a judge, on justification, may allow more than 2 sureties to justify severally in amounts less than that expressed in the order, if the whole justification equals twice the sum specified in the bond.
818.17.Qualification of bail.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.17 requires each surety to be a Wisconsin resident who owns real property worth the full bail amount above debts in non-exempt in-state property, while letting a judge accept more than two sureties justifying smaller shares as long as their combined worth equals twice the bond amount.
Full Text of Section 818.17
Plain-English Summary
Section 818.17 sets the baseline for who can stand as a surety on a civil bail bond. Each surety must be a resident and freeholder within Wisconsin, meaning someone who owns real property in the state, and must be worth the amount specified in the order of arrest, above all of that surety’s own liabilities, in property within Wisconsin that is not exempt from execution.
The section also builds in room for more than two people to share the obligation. A judge, on justification, may allow more than two sureties to justify severally, each for a smaller amount than the bond states, as long as their combined justification equals twice the sum specified in the bond. That extra cushion accounts for the fact that each surety in a larger group answers for only a slice of the total.
Together, these requirements aim at making sure a surety has real, reachable assets inside Wisconsin sufficient to answer for the bond, while still giving defendants flexibility to assemble more than two sureties when no single pair can meet the amount alone.
Frequently Asked Questions
What does a person need to qualify as a surety on civil bail in Wisconsin?
A resident and freeholder within the state, worth the amount specified in the order of arrest above the surety’s own liabilities, in property within Wisconsin that is not exempt from execution.
Can more than two people share the surety obligation on one bond?
Yes, a judge on justification may allow more than two sureties to justify severally in amounts less than the bond states, if their combined justification equals twice the sum specified in the bond.
Does property outside Wisconsin count toward a surety’s qualification?
No, the property must be within the state, not exempt from execution.
Why must the combined worth equal twice the bond amount when there are more than two sureties?
Because each surety in that situation justifies severally for only part of the total, the higher combined figure keeps the overall security at the level a smaller group of fully-liable sureties would provide.
What does ’freeholder’ mean under this section?
It refers to a resident who owns real property, a freehold estate, within Wisconsin, as opposed to someone whose assets are entirely elsewhere or entirely personal property.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.17; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.17; 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
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