How to Delay a Sheriff Lockout During Eviction Appeals in Wisconsin

If you are a renter in Wisconsin facing eviction, the moment an eviction judgment is entered can feel overwhelming. However, state law allows renters the chance to delay ("stay") a sheriff lockout while appealing an eviction. Understanding your rights, the required forms, and steps you must follow can give you valuable time to secure new housing or fight the eviction decision.

Understanding Sheriff Lockouts in Wisconsin

After a court orders an eviction, the landlord can request the sheriff’s office to remove you from your rental home. This is known as a "sheriff lockout." Once the writ of restitution is issued, the sheriff has the authority to physically remove tenants, usually within 10 days of the order.^[1] However, you can request the court to temporarily delay this process—especially if you are appealing the eviction decision.

Appealing an Eviction Judgment

Wisconsin allows renters to appeal an eviction judgment to a higher court within 15 days of entry of the judgment.^[2] Filing an appeal does not automatically stop the lockout. You must specifically request what’s called a "stay of execution of judgment."

• Eviction Appeal Deadline: 15 days from the date of the eviction judgment.
• Stay Request: Must be filed as a separate motion to the court.

Forms to Request a Stay of the Sheriff Lockout

To delay the sheriff lockout while your eviction appeal is ongoing, you'll need the following forms:

• Notice of Appeal (Form GF-120A)
  When to Use: File if you decide to appeal the eviction judgment. This officially tells the court and the landlord you are appealing.
  How to Use: Complete and file this with the clerk of court within 15 days. Find the Notice of Appeal and other official Wisconsin Circuit Court forms here.
• Motion to Stay Writ of Restitution (No standard form; see below)
  When to Use: File this immediately after you file your appeal. This asks the court to delay the sheriff from removing you during the appeal.
  How to Use: There is no state-issued standard form. Write a letter or motion to the court requesting a "stay of execution of the writ of restitution," explaining your reasons for appeal and any hardship you’d face by being removed. File with the clerk and send a copy to your landlord or their attorney.
• Undertaking or Bond (No standard form; varies)
  When to Use: The judge may require you to post a bond (a promise to pay rent or damages) to protect the landlord’s interests while you stay in the property.

Steps to Delay a Sheriff Lockout Through Appeal

• After the judgment, decide quickly if you will appeal. You have 15 days.
• File the Notice of Appeal with the circuit court clerk.
• Immediately file a Motion to Stay the Writ of Restitution. Include why a stay is needed and your appeal details.
• Attend any court hearings scheduled on your motion.
• If approved, comply with the stay order, including paying any ordered bond or rent.

This process can pause a sheriff lockout, but you must strictly follow court requirements and deadlines.

The Tribunal That Handles Eviction Appeals

Eviction cases and appeals in Wisconsin are handled by the Wisconsin Circuit Court. Each county has its own circuit court branch. For landlord-tenant disputes, especially for motions and appeals, contact the clerk for your county’s Circuit Court.

Relevant Wisconsin Landlord-Tenant Laws

• Wisconsin Statutes Chapter 799 (Actions in Small Claims Court) (see 799.44 - Writ of Restitution)
• Wisconsin Statutes Chapter 704 (Landlord and Tenant)
• Wisconsin Statutes Section 808.07 (Stay of proceedings during appeal)

The eviction process is strictly governed under these statutes, setting out timelines and renter rights during appeals.

FAQ: Wisconsin Sheriff Lockouts and Appeals

1. Can filing an appeal automatically stop a sheriff lockout in Wisconsin?
   No. You must also file a motion requesting the court to stay (pause) the sheriff’s lockout (writ of restitution) while your appeal is pending.
2. Where can I find the official eviction and appeal forms for Wisconsin?
   Visit the Wisconsin Court System’s official forms page for small claims and appeal forms.
3. What happens if the court grants a stay of the writ of restitution?
   If the judge approves your request, the sheriff cannot remove you until the appeal is resolved, or the stay is lifted.
4. Do I need to keep paying rent while staying an eviction lockout by appeal?
   Usually yes, and sometimes you must pay rent to the court or post a bond as directed by the judge during the stay.
5. How long does the sheriff wait after a writ is issued?
   After the landlord gets a writ of restitution, the sheriff typically has up to 10 days to carry out the lockout unless the court issues a stay.

Key Takeaways

• Appealing an eviction does not automatically pause a sheriff lockout—you must file a separate stay request with the court.
• Act quickly: Wisconsin gives you 15 days to appeal after an eviction judgment.
• Filing a motion for stay and following court instructions can temporarily prevent lockout while your appeal is heard.

Need Help? Resources for Renters

• Wisconsin Circuit Court Directory – Find your county courthouse and contact information.
• Wisconsin Department of Agriculture, Trade and Consumer Protection – Landlord/Tenant Resources – Official guidance and complaint process.
• Legal Action of Wisconsin – Free and low-cost legal assistance for qualifying renters.

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1. [1] Wisconsin Statutes § 799.44 – Writ of Restitution
2. [2] Wisconsin Statutes § 808.04 – Time for Appeal

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