Payment to creditor

812.39 (1). History: 1993 a. 80; 1997 a. 291; 2003 a. 138. NOTE: 1993 Wis. Act 80 contains Judicial Council notes. When sub. (3) is read in isolation, it appears to imply that, although a garnishee is bound by an exemption claimed in an answer until the court rules on the exemption, the garnishee is free to disregard any defenses to the garnishment that are asserted in the answer. However, the official form embodied in s. 812.44 (3) clearly states that a garnishee is bound by both exemptions and defenses. When these provisions of the garnishment statute are read together, it appears that the garnishee is required to accept both exemptions and defenses as true pending a court ruling on the answer. Whitehead v. Discover Bank, 118 F. Supp. 3d 1111 (2015).