The bail taken upon the arrest shall, unless they justify or other bail be given or justified, be liable to the sheriff by action for damages which the sheriff may sustain by reason of such omission.
818.27.Bail liable to sheriff.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.27 makes sureties who fail to justify, or fail to arrange substitute bail that justifies, liable to the sheriff by action for whatever damages the sheriff suffers because of that failure.
Full Text of Section 818.27
Plain-English Summary
Section 818.27 completes the chain of liability running through this chapter. Bail taken upon the arrest is liable to the sheriff by action, for damages the sheriff may sustain, unless the sureties justify or other bail is given and justified in their place.
This connects directly to the sheriff’s own exposure described elsewhere in this chapter: because the sheriff can be made personally liable as bail when bail fails to justify, this section lets the sheriff turn around and recover from the sureties whose failure created that exposure in the first place.
The remedy follows the same pattern used throughout this chapter for bond-related liability: it runs by action, not by summary process within the original case.
Frequently Asked Questions
Can a sheriff sue sureties who never justified their bail?
Yes, if the sureties fail to justify, or other bail is not given and justified in their place, they are liable to the sheriff by action for the damages the sheriff sustains.
What damages can the sheriff recover?
Damages the sheriff sustains by reason of the sureties’ failure to justify or to arrange substitute bail that justifies.
How does the sheriff pursue that liability?
By action, the same approach used elsewhere in this chapter for enforcing bond-related liability.
Does this liability apply if substitute bail does justify?
No, the sureties escape this liability if they themselves justify, or if other bail is given and justified instead.
Why does the sheriff need this remedy?
Because the sheriff can be made personally liable as bail when bail fails to justify, this section lets the sheriff recover from the sureties whose omission caused that exposure.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.27; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.27; 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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