Wisconsin Code § 799.44

Order for judgment; writ of restitution
Open in Lexace · Ask the AI about this section
(1) ORDER FOR JUDGMENT. In an eviction action, if the court finds that
the plaintiff is entitled to possession, the court shall immediately
enter an order for judgment for the restitution of the premises to
the plaintiff. If an additional cause of action is joined under s.
799.40 (2) and plaintiff prevails thereon, the court shall enter
judgment for such other relief as the court orders. Judgment shall
be entered accordingly as provided in s. 799.24.
(2) WRIT OF RESTITUTION. At the time of ordering judgment
for the restitution of premises, the court shall immediately order
that a writ of restitution be issued, and the writ may be delivered
to the sheriff for execution in accordance with s. 799.45. No writ
shall be executed if received by the sheriff more than 30 days after its issuance.
(3) STAY OF WRIT OF RESTITUTION. At the time of ordering
judgment, upon application of the defendant with notice to the
plaintiff, the court may, in cases where it determines hardship to
exist, stay the issuance of the writ by a period not to exceed 30
days from the date of the order for judgment. Any such stay shall
be conditioned upon the defendant paying all rent or other
charges due and unpaid at the entry of judgment and upon the defendant paying the reasonable value of the occupancy of the
premises, including reasonable charges, during the period of the
stay upon such terms and at such times as the court directs. The
court may further require the defendant, as a condition of such
stay, to give a bond in such amount and with such sureties as the
court directs, conditioned upon the defendant’s faithful performance of the conditions of the stay. Upon the failure of the defendant to perform any of the conditions of the stay, the plaintiff
may file an affidavit executed by the plaintiff or attorney, stating
the facts of such default, and the writ of restitution may forthwith
be issued.
(4) WRIT OF RESTITUTION; FORM AND CONTENTS. The writ
of restitution shall be in the name of the court, sealed with its
seal, signed by its clerk, directed to the sheriff of the county in
which the real property is located, and in substantially the following form:
(Venue and caption)
THE STATE OF WISCONSIN To the Sheriff of .... County:
The plaintiff, ...., of .... recovered a judgment against the defendant, ...., of ...., in an eviction action in the Circuit Court of ....
County, on the .... day of ...., .... (year), to have restitution of the
following described premises:
.... (description as in complaint), located in .... County,
Wisconsin.
YOU ARE HEREBY COMMANDED To immediately remove the defendant, ...., from the said premises and to restore the
plaintiff, ...., to the possession thereof. You are further commanded to remove from said premises all personal property not
the property of the plaintiff, and to store and dispose of the same
according to law, and to make due return of this writ within ten
days.
Witness the Honorable ...., Judge of the said Circuit Court, this
.... day of ...., .... (year)
.... Clerk

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.