No costs shall be taxed against a defendant who does not contest the claim of the plaintiff; such defendant may recover costs unless the court otherwise orders.
841.06.Costs.
Ch. 841: Declaration of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 841.06 shields a defendant who does not contest the plaintiff’s claim from having costs taxed against them, and lets that defendant recover their own costs unless the court orders otherwise.
Full Text of Section 841.06
Plain-English Summary
Section 841.06 sets the cost rule for a defendant who sits out the fight. No costs are to be taxed against a defendant who does not contest the plaintiff’s claim in a declaration-of-interest action.
That defendant may go further than avoiding costs alone. The section allows that defendant to recover costs, unless the court orders otherwise. The default favors the non-contesting defendant, though the court retains the final say.
Frequently Asked Questions
If I do not contest the plaintiff’s claim, can costs be taxed against me?
No. Section 841.06 says no costs shall be taxed against a defendant who does not contest the claim.
Can a non-contesting defendant recover costs from the plaintiff?
Yes, unless the court orders otherwise.
Does filing a disclaimer under section 841.04 also help me avoid costs under this section?
A defendant who disclaims and does not contest the claim falls within the cost protection this section provides.
Who decides whether a non-contesting defendant recovers costs after all?
The court, which may order otherwise than the default rule allowing recovery.
Does this section protect a defendant who actively disputes the plaintiff’s claimed interest?
No. The protection is limited to a defendant who does not contest the claim.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.06.
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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