If a judgment be recovered against a sheriff upon the sheriff’s liability as bail and an execution thereon be returned unsatisfied in whole or in part the same proceedings may be had on the official bond of the sheriff, to collect the delinquency, as in other cases of delinquency.
818.26.Proceedings against sheriff.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.26 lets a plaintiff who wins a judgment against a sheriff on the sheriff’s bail liability, and returns an unsatisfied execution, pursue the sheriff’s official bond the same way any other delinquency on that bond is collected.
Full Text of Section 818.26
Plain-English Summary
Section 818.26 follows directly from the sheriff’s personal liability described in the section before it. If a judgment is recovered against the sheriff for the sheriff’s liability as bail, and an execution on that judgment is returned unsatisfied, in whole or in part, the same proceedings available in other cases of delinquency may be used against the sheriff’s official bond.
That gives the plaintiff a second layer of recourse. Rather than being left with a judgment the sheriff personally cannot pay, the plaintiff can reach the security backing the sheriff’s official bond, the same way any other unpaid delinquency on that bond would be collected.
Frequently Asked Questions
What can a plaintiff do if a judgment against the sheriff for bail liability goes unpaid?
Once execution on that judgment is returned unsatisfied, the plaintiff may proceed against the sheriff’s official bond, using the same proceedings available in other cases of delinquency.
Does the execution have to be entirely unsatisfied to use this remedy?
No, section 818.26 applies whether the execution is returned unsatisfied in whole or in part.
What underlying liability does this section enforce?
A judgment recovered against the sheriff upon the sheriff’s liability as bail, the liability described in the section that precedes this one.
What proceedings does this section refer to?
Whatever proceedings generally apply in other cases of delinquency on an official bond.
Why give plaintiffs recourse against the sheriff’s official bond?
So a plaintiff is not left holding an uncollectible judgment if the sheriff personally cannot satisfy it.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.26; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.26; 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
Also known as: wisconsin sheriff official bond delinquencyunsatisfied execution sheriff bail wisconsincollecting judgment against sheriff wisconsins. 818.26 sheriff bond civil arrest