(1) WARRANT MAY BE STAYED. The court, on the application of the defendant, may order a stay of execution of a judgment under s. 844.20 (2) ordering abatement for such time as may be necessary, not exceeding 6 months, to give the defendant an opportunity to remove the nuisance, structure or encroachment upon the defendant’s giving satisfactory security to do so within the time specified in the order.
844.21.Abatement.
Ch. 844: Interference with Interest; Physical Injury · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 844.21 lets the court stay an abatement order for up to six months if the defendant gives security to remove the nuisance within that time, and directs how the sheriff’s abatement expenses get collected and any leftover proceeds returned to the defendant.
Full Text of Section 844.21
(2) EXPENSE OF ABATING, HOW COLLECTED. The sheriff’s expense of abatement pursuant to such judgment shall be collected by the officer from the defendant in the same manner as damages and costs are collected upon execution; and such officer may sell any material of any fences, buildings or other things abated as personal property is sold upon execution and apply the proceeds to pay the expenses of such abatement, paying the residue, if any, to the defendant.
Plain-English Summary
Section 844.21 softens the sheriff-abatement remedy from Section 844.20(2) with a chance for the defendant to handle removal without the sheriff stepping in. Subsection (1) lets the court, on the defendant’s application, stay execution of an abatement judgment for up to six months, giving the defendant time to remove the nuisance, structure, or encroachment. That stay is conditioned on the defendant giving satisfactory security to complete the removal within the time the order specifies.
Subsection (2) covers what happens when abatement does proceed through the sheriff. The sheriff’s expense of abating is collected from the defendant the same way damages and costs are collected on execution. The officer may sell the materials from anything abated — fences, buildings, or other things — the same way personal property is sold on execution, apply the proceeds to the abatement expenses, and pay whatever is left over back to the defendant.
Frequently Asked Questions
Can a defendant get more time to remove a nuisance instead of having the sheriff abate it right away?
Yes. Section 844.21(1) lets the court, on the defendant’s application, stay execution of an abatement judgment for up to six months, so the defendant can remove the nuisance, structure, or encroachment.
What does the defendant have to do to get that stay?
Section 844.21(1) requires the defendant to give satisfactory security to remove the nuisance, structure, or encroachment within the time specified in the order.
How does the sheriff recover the cost of abating a nuisance?
Section 844.21(2) provides that the sheriff’s expense of abatement is collected from the defendant in the same manner as damages and costs are collected upon execution.
What happens to materials from a structure the sheriff abates, like a fence or building?
Section 844.21(2) allows the officer to sell that material as personal property is sold upon execution, applying the proceeds to the abatement expenses.
Does the defendant get anything back if the sale proceeds exceed the abatement expenses?
Yes. Section 844.21(2) requires the officer to pay the residue, if any, to the defendant after covering the abatement expenses.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 783 (1975); Stats. 1975 s. 844.21; 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: wisconsin stay of abatement ordersheriff abatement expense collection wisconsinremoving a nuisance instead of sheriff abatement844.21 abatement