Chapter 812 — GARNISHMENT

812.01 Commencement of garnishment. (1) Any creditor may proceed against any person who is indebted to or has any property in his or her possession or under his or her control belonging to such creditor’s debtor or which is subject to satisfaction of an obligation described under…

812.02 Garnishment before and after judgment. (1) A plaintiff may commence a garnishment action at any time after: (a) A summons and complaint are filed: 1. In an action for damages founded upon contract, express or implied (or in a contract action where a writ of attachment coul…

812.04 Garnishment actions; how commenced; summons. (1) Upon payment to the clerk of court of the fee prescribed in s. 814.62 (1), the clerk shall issue a garnishee summons together with sufficient copies to the plaintiff or his or her attorney; the summons form may be in blank, …

812.05 Garnishee complaint before and after judgment; several garnishees. (1) The garnishee complaint in a garnishment action before judgment must allege the existence of one of the grounds for garnishment mentioned in s. 812.02 (1) (a), the amount of the plaintiff’s claim agains…

812.06 Garnishee fees, costs. A garnishee shall be entitled to $3 as garnishee fee, and shall not be required to answer unless such fee is first paid. When a corporation is garnisheed such fee shall be paid to the person upon whom the garnishee summons and complaint is served. Su…

812.07 Service on garnishee and defendant. (1) Except as provided in s. 812.05 (4), the garnishee summons and complaint shall be served on the garnishee as required for the exercise of personal jurisdiction under ch. 801, and notice of such service in substantial conformity with …

812.08 Judgment; bond. (1) No judgment in the principal action shall be entered against the defendant for an amount in excess of the liability of the garnishee to the principal defendant, unless the defendant makes a general appearance or is personally served and defaults or unle…

812.13 Payments by garnishee; releases. (1) If the answer shows a debt due to the defendant, the garnishee may pay the debt or an amount sufficient to cover the plaintiff’s claim, as stated in the garnishee complaint and disbursements, not to exceed $40, to the clerk of the court…

812.14 Answer conclusive if no reply by plaintiff; procedure following reply. (1) The answer of the garnishee shall be taken as true unless the plaintiff, within 20 days after the receipt of the answer of the garnishee, serves a reply upon the garnishee. (2) Upon service of the r…

812.15 Defendant or garnishee may defend both actions. (1) The defendant may, within 20 days from the service of the garnishee summons and complaint on the defendant, answer the garnishee complaint and defend the garnishment action upon any ground upon which a garnishee might def…

812.16 Principal action tried first; judgment. (1) No trial shall be had of the garnishment action until the plaintiff has judgment in the principal action and if the defendant has judgment the garnishment action shall be dismissed with costs. (2) The court may adjudge the recove…

812.17 Impleader. When the answer of the garnishee discloses that any 3rd person claims the debt or property in the garnishee’s hands and the name and residence of such claimant the Updated 23-24 Wis. Stats. 4 court may order that such claimant be impleaded as a defendant in the …

812.18 Liability of garnishee. (1) Subject to s. 812.19 (4), from the time of service upon the garnishee, the garnishee shall be liable to the creditor for the property then in the garnishee’s possession or under his or her control belonging to the debtor or in which the debtor i…

812.19 Nonliability as garnishee; judgment when rendered. (1) No person shall be liable as garnishee: (a) By reason of his having drawn, accepted, made, endorsed or guaranteed any negotiable instrument; or (b) By reason of anything received or collected by that person by executio…

812.20 Action by defendant against garnishee stayed. Except upon the order of a judge no action shall be commenced by the defendant or the defendant’s assignee against a garnishee upon any garnisheed claim or demand or to recover any property garnisheed, or execution be issued up…

812.21 Release of garnishment; bond. (1) The defendant may file with the clerk of the court a bond, executed by at least 2 sureties, resident freeholders of the state, to the effect that they will on demand pay to the plaintiff the amount of the judgment that may be recovered aga…

812.22 Costs. In case of a trial of an issue between the plaintiff and any garnishee, the prevailing party shall recover taxable costs. History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.22.

812.24 Penalties. (1) Any creditor who violates s. 812.01 (3) or 812.02 (2) shall forfeit not more than $100 which forfeiture shall be paid to the county treasurer. (2) The court before which the garnishment action is pending shall have summary jurisdiction under this section. Hi…

812.30 Definitions. In this subchapter: (1) “Business day” has the meaning given in s. 421.301 (6). (2) “Court” includes a circuit court commissioner assigned to preside at a proceeding under this subchapter. (3) “Creditor” means a person who has a claim against a debtor. (4) “De…

812.31 Procedure. (1) The procedures in this subchapter govern the garnishment of earnings, regardless of the amount of the judgment debt. Except as otherwise provided in this subchapter, the general rules of practice and procedure in chs. 750 to 758 and 801 to 847 shall apply to…

812.32 Earnings garnishment generally. Earnings garnishment is an action to collect an unsatisfied civil judgment for money damages plus statutory interest and costs, from earnings payable by the garnishee to the debtor. History: 1993 a. 80. NOTE: 1993 Wis. Act 80 contains Judici…

812.33 Garnishee fees. (1) The creditor shall pay a $15 fee to the garnishee for each earnings garnishment or each stipulated extension of that earnings garnishment. This fee shall be included as a cost in the creditor’s claim in the earnings garnishment. (2) In addition to the $…

812.34 Exemption. (1) The exemptions provided in this section do not apply if the judgment debt meets one of the following conditions: (a) Was ordered by a court under s. 128.21 or by any court of the United States under 11 USC 1301 to 1330. (b) Is for the support of any person. …

812.35 Commencement of action. (1) To commence an earnings garnishment proceeding, the judgment creditor shall file with the clerk of courts a garnishment notice under s. 812.44 (2). (1a) No earnings garnishment action may be brought to recover the amount owed by a debtor for the…

812.37 Debtor’s answer. (1) Except as provided in s. 812.34 (1), the debtor may claim an exemption under s. 812.34 (2) (b) or a limit to the garnishment under s. 812.34 (2) (c), or may assert any defense to the earnings garnishment, by completing the answer form and delivering or…

812.38 Judicial hearing. (1) (a) The creditor may file with the court a motion for a hearing and a written objection to the debtor’s answer. (b) The debtor may file with the court a written petition for relief from the earnings garnishment if the exemption percentage under s. 812…

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 exempti…

812.40 Stipulated extension. At any time while an earnings garnishment is in effect, the debtor and creditor may stipulate in writing to an extension of the earnings garnishment for additional pay periods. The extension may commence on the first day after the earnings garnishment…

812.405 Garnishment of earnings to satisfy an order for restitution. Notwithstanding ss. 812.35 and 812.40, a garnishment of earnings payable to a debtor who owes victim restitution ordered under s. 973.20 (1r) remains valid and effective until the judgment is satisfied, unless s…

812.41 Garnishee liability. (1) If the garnishee fails to pay over funds to which the creditor is entitled under this subchapter within the time required under s. 812.39, the creditor may, upon notice to all of the parties, move the court for judgment against the garnishee in the…

812.42 Garnishment of earnings of public officers and employees. (1) (a) This section does not apply or extend to money due to an officer or employee for reimbursement for expenditures made by him or her in the discharge of his or her duties. (b) Actions under this section are su…

812.43 Retaliation by garnishee for earnings garnishment forbidden. Unless permitted under any applicable collective bargaining agreement, a garnishee shall not impose any fee or take any adverse action against a debtor by reason of the garnishment of the debtor’s earnings. If a …

812.44 Forms. (1) (a) The judicial conference shall review the forms in this subchapter and may periodically revise those forms. Those revisions may not alter the rights of the parties under this subchapter. The judicial conference shall notify the clerks of court and any interes…