815.04 Execution, when issued.
(1)
(a) Upon any judgment of a court of record perfected as specified in s. 806.06 or any judgment of any other court entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the rendition of the judgment. When an execution has been issued and returned unsatisfied in whole or in part other executions may issue at any time upon application of the judgment creditor.
(b) If no execution on a judgment as described in par. (a) is issued within 5 years after the rendition of the judgment, or, if application is made by one other than the judgment creditor, execution may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is served in a court of record. If the judgment debtor is absent or a nonresident, service of the notice may be by a class 3 notice, under ch. 985, or in any other manner that the court directs. Application shall be by the petition of the judgment creditor or of the assignee, setting forth that the judgment or a portion of the judgment remains unpaid, and that the petitioner is the bona fide owner of the judgment, for value.
(c) No executions shall issue or any proceedings be commenced upon any judgment after 20 years from the rendition of the judgment.
(2) When the sheriff holds an execution against property any person indebted to the judgment debtor may pay to the sheriff the amount of the indebted person's debt not exempt from execution or so much thereof as shall be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid.
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.04; 1993 a. 486; 1995 a. 224.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
815.02 - Judgments, enforced by execution.
815.04 - Execution, when issued.
815.05 - Execution, how issued; contents.
815.06 - Execution, when returnable.
815.07 - To what county issued.
815.08 - Sheriff to endorse date of receipt.
815.09 - Execution against debtor's person.
815.10 - Execution against body only remedy, exception.
815.12 - Execution; death of person arrested.
815.14 - Execution after debtor's death.
815.15 - Execution after judgment creditor's death.
815.17 - Execution; who acts on sheriff's death or removal.
815.18 - Property exempt from execution.
815.19 - Levy on personal property; appraisal.
815.195 - Levy on real property; how made.
815.20 - Homestead exemption definition.
815.205 - Certain property of spouse exempt from execution.
815.21 - Homestead, how set apart after levy.
815.24 - Indemnity may be required.
815.25 - Money applied; negotiable instruments sold.
815.29 - Notice of sale of personal property, manner, adjournment.
815.31 - Notice of sale of realty; manner; adjournment.
815.33 - Execution; sale in parcels; limitation.
815.34 - Execution sale without notice.
815.35 - Execution; taking down notice.
815.36 - Execution sale, want of notice, when immaterial.
815.37 - Execution sale; officer not to purchase.
815.38 - Execution, certificate of sale, recording.
815.39 - Execution sale; redemption of real estate.
815.40 - Execution sale; who may redeem.
815.43 - Execution sale; redemption makes sale void.
815.44 - Execution; purchaser's interest.
815.48 - Execution sale; creditors may acquire title of preceding creditor.
815.52 - Payment on acquisition of purchaser's or creditor's interest.
815.53 - Execution sale; evidences of right of creditor to acquire title.
815.54 - Execution sale, title when divested, action for injury to premises.
815.55 - Execution sale; deed when to issue; limitation.
815.56 - Sheriff's deed; grantee if purchaser dead.
815.57 - Sheriff's deed, recovery of purchase price on eviction.
815.58 - Execution sale; judgment, creditor's further remedy.
815.59 - Contribution when lands of several are sold on execution.
815.61 - Proceedings to recover contribution.
815.62 - Lien, how preserved after execution sale; clerk's fee.