In case of judgment that the nuisance be abated and removed the plaintiff shall have execution in the common form for the plaintiff’s damages and costs and a separate warrant to the proper officer requiring the officer to abate and remove the nuisance at the expense of the defendant.
823.04.Execution and warrant.
Ch. 823: Nuisances · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 823.04 gives a plaintiff who wins a judgment ordering a nuisance abated and removed two tools: ordinary execution to collect damages and costs, and a separate warrant directing an officer to abate and remove the nuisance at the defendant’s expense.
Full Text of Section 823.04
Plain-English Summary
Once a court orders a nuisance abated and removed under s. 823.03, Section 823.04 tells the plaintiff how to enforce that judgment. The plaintiff gets execution in the common form to collect the damages and costs awarded, the same enforcement tool used to collect any money judgment.
Alongside that, the plaintiff receives a separate warrant addressed to the proper officer. That warrant requires the officer to abate and remove the nuisance directly, with the cost of doing so charged to the defendant rather than the plaintiff or the public.
Frequently Asked Questions
How do I collect the damages a court awarded me in a nuisance case?
Section 823.04 gives the plaintiff execution in the common form for the damages and costs, the standard method for enforcing a money judgment.
How does the actual nuisance get removed after I win?
Through a separate warrant to the proper officer, which Section 823.04 requires to direct the officer to abate and remove the nuisance.
Who pays for removing the nuisance?
The defendant. Section 823.04 has the officer abate and remove the nuisance at the defendant’s expense.
Is the warrant to remove the nuisance the same document as the execution for damages?
No. Section 823.04 treats them as separate: execution in the common form for damages and costs, and a separate warrant for abating and removing the nuisance.
Does this section apply after any nuisance judgment, or only certain ones?
It applies where there is a judgment that the nuisance be abated and removed, tying it to the abatement judgment described in s. 823.03.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.04; 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: executing nuisance abatement judgment wisconsinwarrant to remove nuisance wisconsincollecting damages nuisance case wisconsinofficer abate nuisance defendant’s expense