Wisconsin Statutes

Wis. Stat. § 778.01 (2026)

Action for forfeitures

✓ current as of July 2026

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778.01778.01 Action for forfeitures. Where a forfeiture imposed by statute shall be incurred it may be recovered in a civil action unless the act or omission is punishable by fine and imprisonment or by fine or imprisonment. The word forfeiture, as used in this chapter, includes any penalty, in money or goods.

778.01 HistoryHistory: 1979 c. 32 s. 56; Stats. 1979 s. 778.01.

778.01 Cross-referenceCross-reference: For forfeitures imposed by a city or village ordinance, see s. 66.0114.

778.01 AnnotationFor a forfeiture action to accrue against a nonresident owner of a building that is in violation of the state building code, the violator should receive notice of the violations. Notice need not be actual but must be reasonably calculated to inform the building owner with respect to the violation. State v. James, 47 Wis. 2d 600, 177 N.W.2d 864 (1970).

778.01 AnnotationThe definition of forfeiture in this section applies only to ch. 288 [now this chapter]. State v. Mando Enterprises, Inc., 56 Wis. 2d 801, 203 N.W.2d 64 (1973).

778.01 AnnotationThis section does not preclude prosecution under a statute punishable only by forfeiture in the same action with criminal charges. State v. Johnston, 184 Wis. 2d 794, 518 N.W.2d 759 (1994).

778.01 AnnotationA judgment for payment of a forfeiture can be docketed, accumulates interest, and may be enforced through collection remedies available in other civil proceedings. OAG 2-95.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1981–2025 · leading case: State v. Johnston, 518 N.W.2d 759 (Wis. 1994).

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State v. Johnston, 518 N.W.2d 759 (Wis. 1994). · cites it 4× “Section 778.01, Stats., provides in relevant part: "Where a forfeiture imposed by statute shall be incurred it may be recovered in a civil action unless the act or omission is *822 punishable by fine and imprisonment or by fine or imprisonment.”

State v. Lawton, 482 N.W.2d 142 (Wis. Ct. App. 1992). · cites it 6× “2d at 61 (citing sec. 778.01, Stats. [6] ). We further concluded that the penalties were not so punitive in purpose or effect to negate the intent of the legislature.”

State v. Schulz, 302 N.W.2d 59 (Wis. Ct. App. 1981). · cites it 2× “Section 778.01, Stats. This intent is not negated by the incidental penalties that result or may result from a violation of sec.”

Fabyan v. Achtenhagen, 2002 WI App 214 (Wis. Ct. App. 2002). · cites it 2× “When a forfeiture is imposed by statute, it may be recovered in a civil action unless the act is punishable by a fine or imprisonment, Wis. Stat. § 778.01 , and every such action shall be in the name of the State, Wis.”

State v. Bausch, 2014 WI App 12 (Wis. Ct. App. 2013). · cites it 2× “See Wis. Stat. §§ 778.01 and 778.015; see also generally ch.”

State Pub. Serv. Comm'n v. Wisconsin Bell, Inc., 566 N.W.2d 496 (Wis. Ct. App. 1997). “) Ameritech says that the provisions of that statute, read in conjunction with §§ 778.01 and 778.02, STATS., which expressly provide that "every .”

Dane Cnty. v. Jeramiah Bradley (Wis. Ct. App. 2025). · cites it 7× “§ 778.01, which authorizes civil actions to recover “a forfeiture imposed by statute” so long as the act or omission involved is not punishable by a fine and/or by imprisonment.”

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