Wisconsin Statutes
Wis. Stat. § 815.04 (2026)
Execution, when issued
✓ current as of July 2026
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815.04(1)(a)(a) Upon any judgment of a court of record perfected as specified in s. 806.06 or any judgment of any other court entered in the judgment and lien docket of a court of record, execution may issue at any time within 5 years after the rendition of the judgment. When an execution has been issued and returned unsatisfied in whole or in part other executions may issue at any time upon application of the judgment creditor.
815.04(1)(b)(b) If no execution on a judgment as described in par. (a) is issued within 5 years after the rendition of the judgment, or, if application is made by one other than the judgment creditor, execution may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is served in a court of record. If the judgment debtor is absent or a nonresident, service of the notice may be by a class 3 notice, under ch. 985, or in any other manner that the court directs. Application shall be by the petition of the judgment creditor or of the assignee, setting forth that the judgment or a portion of the judgment remains unpaid, and that the petitioner is the bona fide owner of the judgment, for value.
815.04(1)(c)(c) No executions shall issue or any proceedings be commenced upon any judgment after 20 years from the rendition of the judgment.
815.04(2)(2) When the sheriff holds an execution against property any person indebted to the judgment debtor may pay to the sheriff the amount of the indebted person’s debt not exempt from execution or so much thereof as shall be necessary to satisfy the execution, and the sheriff’s receipt shall be a sufficient discharge for the amount so paid.
815.04 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.04; 1993 a. 486; 1995 a. 224.
Notes of Decisions
Cited in 16
cases (4 in the last 5 years), 1982–2023 · leading case: Associated Bank N.A. v. Jack W. Collier, 2014 WI 62 (Wis. 2014).
Associated Bank N.A. v. Jack W. Collier, 2014 WI 62 (Wis. 2014). “¶67 Rather than address the issue of how a judgment creditor obtains a common-law equitable lien, the majority opinion broadly and surprisingly holds that supplemental Furthermore, Wis. Stat. § 815.04 (1)(a) permits execution to issue "within 5 years of the rendition of the…”
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “Absent any specific timeline, the Bank contends that it has five years to execute its judgment under Wis. Stat. § 815.04 . 10 ¶ 31. We decline to adopt the Bank's argument.”
Bank of New York v. Carson, 2013 WI App 153 (Wis. Ct. App. 2013). “Finally, the Bank's contentions that Wis. Stat. §§ 815.04 & 846.18 compel a result different from what we have reached are unpersuasive.”
Johnson v. Cintas Corp. No. 2, 2015 WI App 14 (Wis. Ct. App. 2015). “06 , see Wis. Stat. § 815.04 (l)(a), when "taxation of costs" such as interest under Wis.”
In re Ingram, 508 B.R. 98 (Bankr. E.D. Wis. 2014). “For reasons that are not clear to this Court, Wilson was able to obtain an execution that expressly directed the Sheriff to seize the Debtor’s Vehicle, even though the Vehicle was fully encumbered by a lien that was senior to Wilson’s judgment and exempt under Wisconsin law.”
Chase Lumber & Fuel Co., Inc. v. Chase, 596 N.W.2d 840 (Wis. Ct. App. 1999). “(docketed judgment is lien on real estate for ten years from date of entry); § 815.04, Stats, (execution may issue within five years after rendition of judgment).”
Andersen v. Kojo, 327 N.W.2d 195 (Wis. Ct. App. 1982). “1 Plaintiff originally petitioned for leave to issue execution on the judgment, pursuant to sec. 815.04(1), Stats. He later moved to withdraw that petition and substitute one seeking leave to sue on his judgment pursuant to sec.”
Logemann Holding, Inc. v. Lieber, 793 N.E.2d 135 (Ill. App. Ct. 2003). “Wis. Stat. Ann. § 815.04 (West 1994). In La Societe Anonyme Ooro v.”
Ter Maat v. Barnett, 457 N.W.2d 551 (Wis. Ct. App. 1990). “See sec. 815.04(1), Stats. The judgment, however, has not been executed.”
Donald Edward Carroll v. Roland F. Sarko (Wis. Ct. App. 2021). “04(1)(b), which provides, in pertinent part: “If no execution on a judgment … is issued within 5 years after the rendition of the judgment, … execution may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is…”
Epf Corp. v. Pfost, 563 N.W.2d 905 (Wis. Ct. App. 1997). “See § 815.04, Stats. 6 This order was issued by Judge Dennis Barry.”
Veronika McCarthy v. Briane F. Pagel, Jr (Wis. Ct. App. 2023). “§§ 815.04 and 806.15(1). Krekeler asserted in its motion that an action on the judgment was necessary to preserve its lien rights and its right to execute on the 2011 judgment.”
— Wis. Stat. § 815.04(1) — 2 cases
Andersen v. Kojo, 327 N.W.2d 195 (Wis. Ct. App. 1982). “1 Plaintiff originally petitioned for leave to issue execution on the judgment, pursuant to sec. 815.04(1), Stats. He later moved to withdraw that petition and substitute one seeking leave to sue on his judgment pursuant to sec.”
Ter Maat v. Barnett, 457 N.W.2d 551 (Wis. Ct. App. 1990). “See sec. 815.04(1), Stats. The judgment, however, has not been executed.”
— Wis. Stat. § 815.04(1)(a) — 2 cases
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “Absent any specific timeline, the Bank contends that it has five years to execute its judgment under Wis. Stat. § 815.04 . 10 ¶ 31. We decline to adopt the Bank's argument.”
Bank of New York v. Shirley T. Carson (Wis. 2015).
— Wis. Stat. § 815.04(1)(b) — 1 case
Donald Edward Carroll v. Roland F. Sarko (Wis. Ct. App. 2021). “04(1)(b), which provides, in pertinent part: “If no execution on a judgment … is issued within 5 years after the rendition of the judgment, … execution may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is…”
— Wis. Stat. § 815.04(1)(c) — 2 cases
Donald Edward Carroll v. Roland F. Sarko (Wis. Ct. App. 2021). “04(1)(b), which provides, in pertinent part: “If no execution on a judgment … is issued within 5 years after the rendition of the judgment, … execution may be issued only upon leave of the court, in its discretion, upon prior notice to the judgment debtor, served as a summons is…”
Donald E. Carroll v. Sarko Eng'g Inc. (Wis. Ct. App. 2022).
— Wis. Stat. § 815.04(l)(a) — 2 cases
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “Absent any specific timeline, the Bank contends that it has five years to execute its judgment under Wis. Stat. § 815.04 . 10 ¶ 31. We decline to adopt the Bank's argument.”
Bank of New York v. Carson, 2013 WI App 153 (Wis. Ct. App. 2013). “Finally, the Bank's contentions that Wis. Stat. §§ 815.04 & 846.18 compel a result different from what we have reached are unpersuasive.”
— Wis. Stat. § 815.04(l)(b) — 1 case
Bank of New York v. Carson, 2013 WI App 153 (Wis. Ct. App. 2013). “Finally, the Bank's contentions that Wis. Stat. §§ 815.04 & 846.18 compel a result different from what we have reached are unpersuasive.”
— Wis. Stat. § 815.04(l)(c) — 1 case
Bank of New York v. Carson, 2013 WI App 153 (Wis. Ct. App. 2013). “Finally, the Bank's contentions that Wis. Stat. §§ 815.04 & 846.18 compel a result different from what we have reached are unpersuasive.”
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