Wisconsin Statutes
Wis. Stat. § 779.10 (2026)
Judgment
✓ current as of July 2026
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779.10779.10 Judgment. The judgment shall adjudge the amount due to each claimant who is a party to the action. It shall direct that the interest of the owner in the premises at the commencement of the performing, furnishing, or procuring the labor, services, materials, plans, or specifications for which liens are given and which the owner has since acquired, or so much thereof as is necessary, be sold to satisfy the judgment, and that the proceeds be brought into court with the report of sale to abide the order of the court. If the premises can be sold in parcels without injury to the parties, the court may adjudge that the sale be so made. If the plaintiff fails to establish a lien upon the premises but does establish a right to recover for labor, services, materials, plans, or specifications, the plaintiff may have a judgment against the party liable.
Notes of Decisions
Cited in 2
cases, 1984–2007 · leading case: Carolina Builders Corp. v. Dietzman, 2007 WI App 201 (Wis. Ct. App. 2007).
Carolina Builders Corp. v. Dietzman, 2007 WI App 201 (Wis. Ct. App. 2007). “Wis. Stat. § 779.10 . The proceeds of the sale must be distributed in this way: "[t]he several claimants whose liens were established in the action shall be paid without priority among them *787 selves," and if the sum is insufficient to pay the liens in full, "they shall be…”
Wes Podany Const. Co., Inc. v. Nowicki, 354 N.W.2d 755 (Wis. Ct. App. 1984). “There was no proof in the trial court on value of materials and labor supplied to these units, therefore, the matter must be remanded for trial to establish the value of the respective liens to obtain the foreclosure judgment pursuant to sec. 779.10, Stats. By the Court. —…”
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