How to Validate and Certify an Affidavit of Collection to Collect Personal Property in WI

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under Wisconsin law, you use an affidavit of collection to start a replevin action, which lets you recover personal property wrongfully held by another party. The key statutory provisions are Wis. Stat. § 887.01 (affidavit and bond) and Wis. Stat. § 887.02 (writ of replevin). Follow these steps to validate and certify your affidavit correctly.

1. Prepare the Affidavit of Collection

  • Identify the parties. List your name and the name of the person or business holding the property.
  • Describe the property. Provide a clear, detailed description (make, model, serial number, distinguishing marks, value).
  • State your right to possession. Explain why you believe you rightfully own or are entitled to possess the item.
  • Include facts. Note how and when the property came into the other party’s possession and why they refuse to return it.
  • Cite the statute. Reference Wis. Stat. § 887.01 to show you’re filing under the proper authority.

2. Notarize and Certify

  • Sign under oath. Appear before a Wisconsin notary public and swear that the facts in your affidavit are true.
  • Obtain the notary seal. Ensure the notary stamps or embosses the affidavit and dates their commission.
  • Attach exhibits. If you have supporting documents (invoices, title, correspondence), staple them behind the affidavit and note them in your text.

3. File with the Circuit Court

  • Choose the county. File in the circuit court where the property is located or where the holder resides.
  • Pay filing fees. Check the local clerk’s office for current fee schedules or fee waivers if qualified.
  • Submit the affidavit and bond. Under Wis. Stat. § 887.01, you must also file a bond unless the court waives it on good cause.

4. Post Bond and Request Writ

  • Calculate bond amount. The bond typically equals twice the value of the property plus costs and probable damages.
  • Secure the bond. Purchase a surety bond from a licensed provider or file a cash deposit with the court clerk.
  • Ask for a writ of replevin. Once the bond is accepted, the clerk issues the writ directing the sheriff to seize the property.

5. Serve the Defendant

  • Serve the writ and affidavit. A sheriff or authorized process server must deliver these documents to the holder of the property.
  • Return of service. Ensure proof of service is filed with the court to confirm the defendant received notice.

6. Enforce the Writ of Replevin

  • Sheriff’s execution. The sheriff will seize and return the property to you once service is complete.
  • Defendant’s claim. If the defendant contests, the court holds a hearing to decide ownership or right to possession.
  • Final judgment. After the hearing, the judge issues a decision. If you prevail, the court orders permanent return of the property.

Helpful Hints

  • Double-check your property description to avoid disputes over identity.
  • File in the correct county to prevent delays or dismissal.
  • Keep copies of everything: affidavit, bond, writ, proof of service, court notices.
  • Meet all deadlines for filing, posting bond, and service to preserve your replevin rights.
  • Consider working with an attorney if the property value is high or defendant plans to contest.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Wisconsin for guidance specific to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.