806.025.Payment of judgment in cases involving prisoners.

Ch. 806: Judgment · Last amended 2007 · Last verified July 15, 2026

In one sentenceSection 806.025 tells a court entering a money judgment on behalf of a prisoner how to divide the award, paying unpaid restitution and crime-victim judgments first, then victim-compensation reimbursement, child or family support, court costs, and litigation loans before any balance reaches the prisoner.

Full Text of Section 806.025

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(1) In this section, “prisoner” has the meaning given in s. 801.02 (7) (a) 2.

(2) If a court enters a judgment for a monetary award on behalf of a prisoner, the court shall do all of the following:

(a) Order that the award be used to satisfy any unpaid court order of restitution against the prisoner and any other civil judgment in favor of a victim of a crime committed by the prisoner. If the amount of the monetary award is insufficient to pay all these unpaid orders and judgments, the orders and judgments shall be paid based on the length of time they have existed, the oldest order being paid first.

(am) If money remains after the payment of all unpaid orders and judgments under par. (a), order reimbursement to the department of justice for an award made under subch. I of ch. 949 for which the department is subrogated under s. 949.15. (at) If money remains after the payment of reimbursement under par. (am), order the payment of any child or family support owed by the prisoner.

(b) If money remains after the payment of child or family support under par. (at), order the payment of court costs or filing fees previously assessed against the prisoner by a state court that remain unpaid, with the oldest costs or fees being paid first.

(c) If money remains after the payment of all court costs or filing fees under par. (b), order the payment of any unpaid litigation loan, as defined in s. 301.328 (1).

(d) If any money remains after the payments under pars. (a) to (c), request that the department of corrections make a reasonable effort to notify any victims of the crime for which the prisoner was convicted and imprisoned, incarcerated or confined of the pending payment of a monetary award to the prisoner. The department of corrections shall inform the court of whether any victims were notified. The court shall withhold any payment to the prisoner under par. (e) for a reasonable time after the department of corrections notifies the court that a victim was notified so that the victim may have time to petition the court regarding payments to that victim from the remaining money.

(e) Order that any money remaining after all payments are made under pars. (a) to (d) be paid to the prisoner.

End

Plain-English Summary

When a court awards money to someone who is a prisoner, Section 806.025 does not let the award go straight into that person’s pocket. The court must first order the money used to satisfy any unpaid restitution order and any civil judgment owed to a crime victim, paying the oldest of those obligations first if the award is not enough to cover them all.

Once those victim-related obligations are paid, the section works through a set order of remaining creditors: reimbursement to the Department of Justice for a crime-victim compensation award it already paid out, then any child or family support the prisoner owes, then unpaid court costs or filing fees (oldest first), and then any unpaid litigation loan. Only after all of these are satisfied does money reach the prisoner directly.

Before that final payment goes out, the section adds a protective step for victims who have not yet been paid through the earlier categories. The court asks the Department of Corrections to make a reasonable effort to notify victims of the crime that a payment to the prisoner is pending, and it must withhold that payment for a reasonable time after learning a victim was notified, so the victim has a chance to petition the court about the remaining funds.

Frequently Asked Questions

What happens when a prisoner wins a money judgment in Wisconsin?

The court does not pay the money directly to the prisoner. Section 806.025 requires the court to order the funds applied first to unpaid restitution and crime-victim judgments, then to victim-compensation reimbursement, child or family support, court costs and filing fees, and unpaid litigation loans, with only the remainder going to the prisoner.

Who gets paid first from a prisoner’s judgment award?

Unpaid court-ordered restitution and any other civil judgment owed to a crime victim of the prisoner’s crime come first. If the award cannot cover all of them, the oldest orders and judgments are paid before newer ones.

Does a prisoner have to pay child support before collecting a judgment?

Yes. After restitution, victim judgments, and reimbursement to the Department of Justice for victim-compensation awards are covered, the court next orders payment of any child or family support the prisoner owes, ahead of court costs, filing fees, and litigation loans.

What is a “prisoner” for purposes of this section?

Section 806.025 borrows its definition of prisoner from the definition used elsewhere in Wisconsin’s civil procedure statutes, rather than defining the term on its own.

Do crime victims get notified before a prisoner receives leftover money?

Yes, if money remains after the payments listed in the section. The court asks the Department of Corrections to make a reasonable effort to notify victims of the pending payment, and the court withholds that payment for a reasonable time afterward so a victim can petition the court about it.

Amendment History

History: 1997 a. 133; 2007 a. 20.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source

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