Wisconsin Statutes

Wis. Stat. § 810.14 (2026)

Judgment in replevin

✓ current as of July 2026

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810.14810.14 Judgment in replevin. In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under s. 810.06, judgment may be as aforesaid or absolutely for the value thereof at the plaintiff’s option, and damages for the detention. If the property shall have been delivered to the plaintiff under ss. 810.01 to 810.13 and the defendant prevails, judgment for the defendant may be for a return of the property or the value thereof, at the defendant’s option, and damages for taking and withholding the same.

810.14 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761, 778 (1975); Stats. 1975 s. 810.14; 1993 a. 486.

810.14 AnnotationDamages for the loss of use of detained property must be based on a showing that the plaintiff was in a position to use the property and that the property would have been used but for the unlawful detainer. Korb v. Schroedel, 93 Wis. 2d 207, 286 N.W.2d 589 (1980).

810.14 AnnotationA successful plaintiff in a replevin action is entitled to damages. If the property is recovered by the owner, the damages are usually measured by interest and, if the property depreciates in value during the time of the wrongful detention, the amount of the depreciation. Global Steel Products Corp. v. Ecklund Carriers, Inc., 2002 WI App 91, 253 Wis. 2d 588, 644 N.W.2d 269, 01-1151.

810.14 AnnotationA party bringing an action for replevin may recover not only possession of personal property but also damages for its detention. To that effect, the legislature has enacted two statutes of repose—s. 893.35 regarding recovering possession of the property and s. 893.51 (1) with respect to damages. Mueller v. TL90108, LLC, 2020 WI 7, 390 Wis. 2d 34, 938 N.W.2d 566, 17-1962.

Notes of Decisions

Cited in 4 cases, 1994–2018 · leading case: Global Steel Prods. Corp. v. Ecklund Carriers, Inc., 2002 WI App 91 (Wis. Ct. App. 2002).

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Global Steel Prods. Corp. v. Ecklund Carriers, Inc., 2002 WI App 91 (Wis. Ct. App. 2002). · cites it 10× “Whether the trial court's replevin award coupled with the damage award for diminution in value of the property was proper turns on the language of Wis. Stat. § 810.14 . The construction of a statute and its application to undisputed facts are questions of law which we determine…”

Lewis v. Sullivan, 524 N.W.2d 630 (Wis. 1994). · cites it 5× “It is long-standing precedent of this court that pleadings generally, and the pro se complaints of prisoners specifically, be construed liberally.”

In Re Herbst, 469 B.R. 299 (Bankr. W.D. Wis. 2012). · cites it 2× “” Wis. Stat. § 810.14 . Replevin is primarily a possessory action — it does not necessarily involve ownership of the property.”

Bakley v. Edgerton, 921 N.W.2d 2 (Wis. Ct. App. 2018). · cites it 2× “§ 810.14 governs judgments in a replevin action, and it states in full: In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.