Wis. Stat. » CHAPTER 128 — CREDITORS’ ACTIONS
Wisconsin Statutes

Wis. Stat. § 128.08 (2026)

Receiver; custodian

✓ laws through the 2025-26 session (checked Sept. 2026)
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128.08128.08 Receiver; custodian.
128.08(1)(1) The court within the proper county may sequestrate the property of a debtor and appoint a receiver therefor:
128.08(1)(a)(a) When an execution against a judgment debtor is returned unsatisfied in whole or in part.
128.08(1)(b)(b) When a corporation has been dissolved or is insolvent or is in imminent danger of insolvency or has forfeited its corporate rights.
128.08(2)(2) Upon application duly made, the court shall appoint as receiver the person nominated by the petitioning creditor or creditors, subject to s. 128.10.
128.08 AnnotationA defendant who was notified of the proceeding to appoint a receiver and participated in the proceedings cannot, after the lapse of one year, object to irregularities. Home Bank v. Becker, 48 Wis. 2d 1, 179 N.W.2d 855 (1970).
128.08 AnnotationDue process procedures required for determination of receivership are not required for selection of a receiver. Anchor Coatings, Inc. v. De Gelleke Co., 71 Wis. 2d 333, 237 N.W.2d 725 (1976).
128.08 AnnotationThe power recognized by sub. (1) is inherent in the courts. Northridge Bank v. Community Eye Care Center, Inc., 91 Wis. 2d 298, 282 N.W.2d 632 (Ct. App. 1979).
Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1955–2025 · leading case: ADMANCO, Inc. ex rel. Polsky v. 700 Stanton Drive, LLC, 2010 WI 76, 786 N.W.2d 759.
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ADMANCO, Inc. ex rel. Polsky v. 700 Stanton Drive, LLC, 2010 WI 76, 786 N.W.2d 759. · cites it 11× “Wis. Stat. § 128.08 (2007-08). 1 The receiver, Michael S.”
Park Bank v. Roger E. Westburg, 2013 WI 57, 832 N.W.2d 539. · cites it 4× “Wis. Stat. § 128.08 (1) (2009-10). One such condition is when a corporation "has been dissolved or is insolvent or is in imminent danger of insolvency or has forfeited its corporate rights.”
Gelatt v. DeDakis, 254 N.W.2d 171 (Wis. 1977). · cites it 2× “” 2 Sec. 128.08, Stats. 1937, provided that *587 a receiver might be appointed for the property of the debtor when a petition under sec.”
BNP Paribas v. Olsen's Mill, Inc., 2011 WI 61, 799 N.W.2d 792. · cites it 4× “Polsky as interim receiver of Olsen's Mill's estate pursuant to Wis. Stat. § 128.08 (l)(b). ¶ 7. In a document entitled "Agreed Order Appointing Interim Receiver and Granting Other Relief," the court ordered that the receiver "shall have full management authority for Olsen's…”
Crown Castle USA, Inc. v. Orion Constr. Grp., LLC, 2012 WI 29, 811 N.W.2d 332. “01(1), or proceed under § 128.08 (discussing the appointment of a receiver).”
Marine Bank v. Taz's Trucking Inc., 2004 WI App 164, 688 N.W.2d 730. · cites it 3× “To protect its loan to MBM, Marine Bank filed a complaint on January 22, 2003, against MBM, along with a motion for appointment of a receiver pursuant to Wis. Stat. §§ 128.08 or 813.16 (2001-02) 2 and a preliminary injunction.”
Polsky v. Virnich, 2010 WI App 20, 779 N.W.2d 712. · cites it 2× “See Wis. Stat. §§ 128.08 and 128.17. Chapter 128, "Creditors' Actions," is largely concerned with creditors' interests.”
In re Wisconsin Builders Supply Co., 136 F. Supp. 439 (E.D. Wis. 1955). · cites it 4× “Section 128.08 provides that a debtor may dissolve liens against his property by making an assignment of his nonexempt property within thirty days of the origin of the lien, and Section 128.”
DeMarb v. Isroff, No. 2:20-cv-00778 (E.D. Wis. Sept. 17, 2021). · cites it 2× “They filed a Chapter 128 receivership in Milwaukee County Circuit Court on November 5, 2019, and on November 15, 2019, the court appointed the plaintiff as receiver for UMS Holdings and the UMS Entities under Wis. Stat. §128.08 . Id. at ¶1 . The plaintiff filed the complaint in…”
Park Bank v. Roger E. Westburg, No. 2010AP003158 (Wis. July 3, 2013). · cites it 2× “Wis. Stat. § 128.08 (1) (2009-10). One such condition is when a corporation "has been dissolved or is insolvent or is in imminent danger of insolvency or has forfeited its corporate rights.”
Northridge Bank v. Cmty. Eye Care Ctr., Inc., 282 N.W.2d 632 (Wis. Ct. App. 1979). · cites it 3× “The respondent, a creditor of the appellant corporation, petitioned pursuant to sec. 128.08, Stats., for an adjudication of insolvency of the appellant.”
Seth E. Dizard v. Torro LLC, 21 N.W.3d 821 (Wis. Ct. App. 2025). “§ 128.08. ¶6 Prior to filing for receivership, Ridgeway had entered into two merchant cash advance (MCA) contracts with Torro LLC.”
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