In case of breach of the bond the sureties may be proceeded against by action only.
818.23.Proceedings against bail.
Ch. 818: Arrest and Bail · Last amended 1978 · Last verified July 15, 2026
In one sentenceSection 818.23 confines a plaintiff’s remedy against sureties who breach the bail bond to a separate civil action, rather than a summary proceeding within the original case.
Full Text of Section 818.23
Plain-English Summary
Section 818.23 states a short but firm rule: in case of a breach of the bond, the sureties may be proceeded against by action only. A plaintiff cannot pursue the sureties through a motion or other summary process tacked onto the original arrest proceeding; the plaintiff has to bring a separate lawsuit.
This section fits a pattern that runs through this chapter. Liability tied to a bail bond, whether owed to the plaintiff or, elsewhere in this chapter, to the sheriff, gets litigated as its own action rather than resolved on the fly within the underlying case. That gives the sureties the full protections of a regular lawsuit before they are held to answer for the bond.
Frequently Asked Questions
How does a plaintiff enforce a breached bail bond against the sureties?
Only by bringing a separate action; section 818.23 limits the remedy to proceeding against the sureties by action.
Can a plaintiff get a judgment against the sureties within the original arrest proceeding itself?
No, the section requires a separate action for breach of the bond, rather than resolving that liability inside the original case.
What triggers this section?
A breach of the bond by the sureties, which the section addresses without spelling out every way a breach can occur.
Does this rule apply to any breach of a bail bond under this chapter?
The text refers broadly to breach of the bond, without limiting itself to a particular type of breach.
Why does this chapter require a full action instead of a summary remedy against sureties?
The section does not state its own reasoning; it fixes the procedure, requiring an action rather than a different route to hold sureties liable.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.23; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.23.
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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