Cal. Civ. Code § 799.44
Order for judgment; writ of restitution.
Operative Text
799.44 Order for judgment; writ of restitution. (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:
Wisconsin Statute § 799.44 governs what happens after a court rules in favor of a landlord in an eviction case. When a court finds the landlord entitled to possession, it must immediately enter a judgment and order a writ of restitution, which directs the sheriff to carry out the removal — though that writ expires if not executed within 30 days of issuance. A tenant may request a hardship stay of up to 30 days, but only if they pay all unpaid rent and ongoing occupancy charges as the court directs, and the court may also require a bond to guarantee compliance.
Plain English — not legal advice.
Under Wis. Stat. § 799.44, once a court enters judgment in your favor, a writ of restitution is issued simultaneously and can be delivered to the sheriff for execution. Compliant operators are generally aware that the writ must be executed within 30 days of issuance, so timely coordination with the sheriff's office is a standard part of the process. If a defendant is granted a hardship stay, the court will set conditions — including payment of back rent and ongoing charges — and a landlord can file an affidavit to trigger immediate writ issuance if those conditions are not met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 799.44 provides that at the time judgment is entered against you in an eviction action, you may apply to the court for a hardship stay of up to 30 days, provided you give notice to the landlord. A stay is not automatic — the court must find that hardship exists, and it will require payment of all unpaid rent and charges accrued through judgment, as well as ongoing occupancy costs during the stay period. Tenants who believe they qualify for a stay or have questions about the writ process may benefit from contacting a local tenant-rights organization or legal aid office familiar with Wisconsin eviction procedure.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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