Wisconsin Statutes

Wis. Stat. § 813.16 (2026)

Receivers

✓ current as of July 2026
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813.16813.16Receivers. A receiver may be appointed:
813.16(1)(1)On the application of either party, when the applying party establishes an apparent right to or interest in property which is the subject of the action and which is in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially impaired.
813.16(2)(2)By the judgment, or after judgment, to carry it into effect or to dispose of the property according to the judgment.
813.16(3)(3)To preserve the property during the pendency of an appeal; or when an execution has been returned unsatisfied and the judgment debtor refuses to apply the judgment debtor’s property in satisfaction of the judgment or in an action by a creditor under ch. 816.
813.16(4)(4)When a corporation has been dissolved or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights.
813.16(5)(5)In accordance with the practice which obtained when the code of 1856 took effect except as otherwise provided in this chapter.
813.16(6)(6)The receiver shall give to and file with the clerk of the court a bond, conditioned in the usual manner, with sureties to be approved by the judge making the appointment sufficient to cover all property likely to come into the receiver’s hands.
813.16(7)(7)If the person seeking the appointment of a receiver under sub. (1) is a savings and loan association or savings bank supervised by the division of banking or a corporation supervised by the federal deposit insurance corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.
813.16 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 760, 779 (1975); Stats. 1975 s. 813.16; 1991 a. 221; 1993 a. 486; 1995 a. 27; 1999 a. 9; 2003 a. 33; 2021 a. 241.
813.16 AnnotationA court could appoint a receiver to accept mortgage payments after a foreclosure action was started when the plaintiff refused to accept them on the ground that it would be a waiver and the defendant claimed the right to make them on the ground that the defendant had no right to accelerate the note. American Medical Services, Inc. v. Mutual Federal Savings & Loan Ass’n, 52 Wis. 2d 198, 188 N.W.2d 529 (1971).
813.16 AnnotationA receiver has a duty to a corporation subject to receivership and its creditors not to deal with receivership property to benefit itself. A consulting contract that was offered to the insolvent corporation’s president was a corporate opportunity that the receiver improperly appropriated to itself when it took control of the corporation. Community National Bank v. Medical Benefit Administrators, LLC, 2001 WI App 98, 242 Wis. 2d 626, 626 N.W.2d 340, 99-3026.
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1986–2025 · leading case: Cmty. Nat'l Bank v. Med. Benefit Administrators, LLC, 2001 WI App 98 (Wis. Ct. App. 2001).
Cmty. Nat'l Bank v. Med. Benefit Administrators, LLC, 2001 WI App 98 (Wis. Ct. App. 2001). · cites it 2× “§ 813.16. Receivers. A receiver may be appointed: (4) When a corporation has been dissolved or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights.”
Dawson v. Goldammer, 2006 WI App 158 (Wis. Ct. App. 2006). · cites it 2× “See also Wis. Stat. § 813.16 (3) (stating that a court may appoint a receiver in an action by a judgment creditor under Wis.”
Wells Fargo Bank, N.A. v. Sokaogon Chippewa Cmty., 787 F. Supp. 2d 867 (E.D. Wis. 2011). · cites it 2× “609 and asking for the appointment of a receiver pursuant to the agreements and Wis. Stat. § 813.16 (1). The Tribe and Sokaogon Gaming responded to the Trustee’s state court action with a motion to dismiss in which they argued that neither the Tribe nor Sokaogon Gaming had…”
Chetek State Bank v. Barberg, 489 N.W.2d 385 (Wis. Ct. App. 1992). · cites it 2× “Section 813.16(1), Stats., provides for appointment of a receiver if "the property or its rents and profits are in danger of being lost or materially impaired.”
M&I Marshall & Ilsley Bank v. Urquhart Companies, 2005 WI App 225 (Wis. Ct. App. 2005). · cites it 5× “There appears to be no dispute that the receiver in this case was appointed under Wis. Stat. § 813.16 (1), which provides that a "receiver may be appointed": On the application of either party, when the applying party establishes an apparent right to or interest in property…”
Marshall-Wisconsin Co. v. Juneau Square Corp., 387 N.W.2d 106 (Wis. Ct. App. 1986). “304, 307 (1927); see also sec. 813.16, Stats. 55 See 9 G. Thompson, supra note 53, § 4831 at 754-55 (J.”
The Huntington Nat'l Bank v. Lighthart Enter. LLC (E.D. Wis. 2023). · cites it 4× “27, 1992), Wis. Stat. § 813.16 provides that “A receiver may be appointed .”
Leonard Pozner v. James Fetzer (Wis. Ct. App. 2023). · cites it 2× “§ 813.16, a circuit court “may” appoint a receiver under the following potentially pertinent circumstances: (1) On the application of either party, when the applying party establishes an apparent right to or interest in property which is the subject of the action and which is in…”
Anthony Frank Kapalczynski v. Bonnie Mae Krause-Kapalczynski (Wis. Ct. App. 2025). · cites it 2× “§ 813.16 (2023-24)2 to assist in carrying out the terms of the Findings and for Bonnie to pay for the appointed receiver from her share of the sale of the home.”
City of Milwaukee v. Mohammad A. Choudry (Wis. Ct. App. 2019). “§ 813.16 in support of his statement that the trial court has broad discretion to fashion a remedy.”
Wis. Stat. § 813.16(1): 3 cases
Chetek State Bank v. Barberg, 489 N.W.2d 385 (Wis. Ct. App. 1992). “Section 813.16(1), Stats., provides for appointment of a receiver if "the property or its rents and profits are in danger of being lost or materially impaired.”
M&I Marshall & Ilsley Bank v. Urquhart Companies, 2005 WI App 225 (Wis. Ct. App. 2005). “There appears to be no dispute that the receiver in this case was appointed under Wis. Stat. § 813.16 (1), which provides that a "receiver may be appointed": On the application of either party, when the applying party establishes an apparent right to or interest in property…”
The Huntington Nat'l Bank v. Lighthart Enter. LLC (E.D. Wis. 2023). “27, 1992), Wis. Stat. § 813.16 provides that “A receiver may be appointed .”
Wis. Stat. § 813.16(4): 1 case
Cmty. Nat'l Bank v. Med. Benefit Administrators, LLC, 2001 WI App 98 (Wis. Ct. App. 2001). “§ 813.16. Receivers. A receiver may be appointed: (4) When a corporation has been dissolved or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights.”
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.