Any person interested in any investment under this chapter may, with the leave of the court, prosecute an action to enforce the same in the name of the clerk.
842.30.Collection of sum invested.
Ch. 842: Partition of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 842.30 lets anyone with an interest in a chapter 842 investment sue to enforce it, with the court’s leave, using the clerk’s name as the party bringing the action.
Full Text of Section 842.30
Plain-English Summary
Section 842.30 gives an interested person a way to enforce an investment made under this chapter without waiting on someone else to act. Any person interested in any investment under the chapter may, with the leave of the court, prosecute an action to enforce it.
That action proceeds in the clerk’s name, matching the naming convention the chapter already uses for securities and investments taken under section 842.28. The interested party still needs the court’s permission before bringing the action, which keeps the court in control of whether and how the clerk’s name is used to enforce it.
Frequently Asked Questions
Can an interested party sue to collect on an investment made under this chapter?
Yes, with the leave of the court.
Whose name does that lawsuit use?
The clerk’s name, under section 842.30.
Do I need court permission before filing that kind of action?
Yes. The section requires leave of the court before prosecuting the action.
Who counts as a person interested in the investment?
The section covers any person interested in any investment under this chapter, without narrowing the term further.
Why is the action brought in the clerk’s name rather than the interested person’s own name?
Because the underlying security or investment itself is held in the clerk’s name under section 842.28, so enforcing it follows that same naming convention.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975).
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: enforcing a partition investment in wisconsinsuing in the clerk’s name under chapter 842leave of court to collect a partition investmentsection 842.30 wisconsin enforcement