No default judgment may be granted unless evidence supporting the court’s findings and conclusions is in the record.
840.07.Default judgments.
Ch. 840: Real Property Actions; General Provisions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 840.07 bars a default judgment in a real property action unless the record contains evidence supporting the court’s findings and conclusions.
Full Text of Section 840.07
Plain-English Summary
Section 840.07 sets a floor for default judgments in real property cases. No default judgment may be granted unless evidence supporting the court’s findings and conclusions is in the record. A defendant’s failure to appear is not, by itself, described as enough; the record must show evidence backing up what the court finds and concludes.
The section does not explain its own reasoning, but its placement among the general provisions governing real property actions in chapter 840 signals that these cases, which affect title to and interests in land, call for a record that can support the judgment on more than the defendant’s silence.
Frequently Asked Questions
Can a defendant’s failure to appear alone support a default judgment in a Wisconsin real property action?
Not under this section standing alone; section 840.07 requires evidence supporting the court’s findings and conclusions to be in the record before a default judgment may be granted.
What must be in the record before a default judgment can be granted under this section?
Evidence supporting the court’s findings and conclusions.
Does section 840.07 apply broadly to real property actions under chapters 840 to 846?
The section sits among chapter 840’s general provisions, which section 840.02 applies to actions under chapters 840 to 846 except as otherwise provided.
Does section 840.07 explain why it requires evidence for a default judgment?
No. The text does not state a reason; it requires only that evidence supporting the findings and conclusions appear in the record before the judgment is entered.
Does this section require a full trial before a default judgment can be entered?
The text does not specify a trial format; it requires only that evidence supporting the findings and conclusions be in the record.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.07.
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 default judgment real property evidenceno default judgment without evidence wisconsindefault judgment record requirement real propertychapter 840 default judgment rule