Wis. Stat. » CHAPTER 810 — REPLEVIN
Wisconsin Statutes

Wis. Stat. § 810.02 (2026)

Order directing return of property

✓ current as of July 2026
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810.02810.02 Order directing return of property. An order directing the return of property to the plaintiff at any time before final judgment in a replevin action shall be issued only by a judge or other judicial officer on the affidavit of the plaintiff made after summons is issued. The affidavit or verified complaint shall set forth specific factual allegations to show the following:
810.02(1)(1) That the plaintiff is entitled to the possession of the property claimed, particularly describing it;
810.02(2)(2) That the property is wrongfully detained by the defendant;
810.02(3)(3) The alleged cause of detention according to the plaintiff’s best knowledge, information and belief;
810.02(4)(4) That the property has not been taken for a tax, assessment or fine or seized under any execution or attachment against the property of the plaintiff, or that if so seized that it is exempt from the seizure;
810.02(5)(5) The value of the property; and
810.02(6)(6) The location of the property claimed by the plaintiff with sufficient specific factual allegations for the judge or judicial officer to determine that there is reason to believe that the property is in the location described or in the possession of the defendant or any person acting on behalf of, subject to or in concert with the defendant.
810.02 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.02; 1977 c. 308; 1993 a. 486.
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1985–2025 · leading case: U.S. Bancorp Equip. Fin., Inc. v. Ideal Mfg. Solutions, Inc., 911 F. Supp. 2d 786 (E.D. Wis. 2012).
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U.S. Bancorp Equip. Fin., Inc. v. Ideal Mfg. Solutions, Inc., 911 F. Supp. 2d 786 (E.D. Wis. 2012). · cites it 9× “Bank asserts that “[t]he claim of detinue is now encompassed by the replevin statute” and cites to Wis. Stat. § 810.02 . This same section is referenced by Ideal LLC in the course of its arguments in defense.”
Del's Big Saver Foods, Inc. v. Carpenter Cook, Inc., 603 F. Supp. 1071 (W.D. Wis. 1985). · cites it 2× “§ 810.02. Thus plaintiffs cannot contend that the judge abridged their pre-seizure rights.”
State v. Steele, 2001 WI App 34 (Wis. Ct. App. 2001). · cites it 2× “*279 § 810.02(1) (2000) is analogous to the Wisconsin statute in that it defines burglary as "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein .”
Mueller v. TL90108, LLC, 917 N.W.2d 551 (Wis. Ct. App. 2018). · cites it 2× “See Wis. Stat. § 810.02 . See also Ford Motor Co.”
Bakley v. Edgerton, 921 N.W.2d 2 (Wis. Ct. App. 2018). · cites it 3× “" In addition, Wis. Stat. § 810.02 states, in relevant part: "An order directing the return of property to the plaintiff at any time before final judgment in a replevin action shall be issued only by a judge or other judicial officer on the affidavit of the plaintiff made after…”
Derek Lauritsen, Melissa Thompson, Wayne Vlasnik, Roy Nelson, & Lauritsen Firewood & Rental, Inc. v. Hiawatha Nat'l Bank, Roger Ray, Dale Hall, Adam Morine, John/Jane Doe, Polk Cnty. Sheriff’s Dep't, & Polk Cnty. (W.D. Wis. 2025). · cites it 2× “Wisconsin law provides a procedure for individuals like the Storage Plaintiffs who are deprived of their personal property because of a replevin action against another individual to get their property back: If the property taken [in a replevin action] is claimed by a 3rd person,…”
Booker Gutter v. Margaret Gutter (Wis. Ct. App. 2024). “Margaret maintains that the move-out letter written by Megan Haak, Booker’s ex-wife who rented the house until October 31, 2018, constitutes contradictory evidence that the circuit court should have relied on.”
August Resource Funding, LLC v. Procorp, LLC (W.D. Wis. 2020). “§ 810.02 (1). August Resource Funding’s amended complaint seeks replevin of “all accounts receivable of Procorp and Schultz,” but August Resource Funding has not identified any specific accounts that would be subject to replevin.”
Wis. Stat. § 810.02(1): 2 cases
State v. Steele, 2001 WI App 34 (Wis. Ct. App. 2001). “*279 § 810.02(1) (2000) is analogous to the Wisconsin statute in that it defines burglary as "entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein .”
Booker Gutter v. Margaret Gutter (Wis. Ct. App. 2024). “Margaret maintains that the move-out letter written by Megan Haak, Booker’s ex-wife who rented the house until October 31, 2018, constitutes contradictory evidence that the circuit court should have relied on.”
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