Wisconsin Statutes

Wis. Stat. § 778.02 (2026)

Action in name of state; complaint; attachment

✓ current as of July 2026

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778.02778.02 Action in name of state; complaint; attachment. Every such forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute that imposes it, specifying the statute, plus costs, fees, and surcharges imposed under ch. 814. If the statute imposes a forfeiture for several offenses or delinquencies, the complaint shall specify the particular offense or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814. If the defendant is a nonresident of the state, an attachment may issue.

778.02 HistoryHistory: 1977 c. 29; 1979 c. 32 s. 56; Stats. 1979 s. 778.02; 1987 a. 27; 1989 a. 107; 1991 a. 39; 1993 a. 16; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2002–2025 · leading case: Fabyan v. Achtenhagen, 2002 WI App 214 (Wis. Ct. App. 2002).

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Fabyan v. Achtenhagen, 2002 WI App 214 (Wis. Ct. App. 2002). · cites it 2× “01 , and every such action shall be in the name of the State, Wis. Stat. § 778.02 . ¶ 12. Furthermore, Fabyan's requested relief includes forfeitures and fines of $300 from each Board member for each violation and an order determining that the Board's findings of fact and…”

State v. Moriarty, 2017 WI App 2 (Wis. Ct. App. 2016). · cites it 7× “" This action was not brought by a state agency, but rather by the State of Wisconsin, as required by Wis. Stat. § 778.02 . Accordingly, we affirm the circuit court's denial of Detert-Moriarty's motion for costs under § 814.”

Dane Cnty. v. Jeramiah Bradley (Wis. Ct. App. 2025). · cites it 3× “§ 778.02, provides that every action to recover a forfeiture imposed by statute “shall be in the name of the state of Wisconsin.”

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