CHAPTER 812
GARNISHMENT
SUBCHAPTER I
GARNISHMENT OF PROPERTY
OTHER THAN EARNINGS
812.01 Commencement of garnishment.
812.02 Garnishment before and after judgment.
812.04 Garnishment actions; how commenced; summons.
812.05 Garnishee complaint before and after judgment; several garnishees.
812.06 Garnishee fees, costs.
812.07 Service on garnishee and defendant.
812.13 Payments by garnishee; releases.
812.14 Answer conclusive if no reply by plaintiff; procedure following reply.
812.15 Defendant or garnishee may defend both actions.
812.16 Principal action tried first; judgment.
812.18 Liability of garnishee.
812.19 Nonliability as garnishee; judgment when rendered.
812.20 Action by defendant against garnishee stayed.
812.21 Release of garnishment; bond.
SUBCHAPTER II
EARNINGS GARNISHMENT
812.32 Earnings garnishment generally.
812.35 Commencement of action.
812.39 Payment to creditor.
812.40 Stipulated extension.
812.41 Garnishee liability.
812.42 Garnishment of earnings of public officers and employees.
812.43 Retaliation by garnishee for earnings garnishment forbidden.
GARNISHMENT OF PROPERTY
OTHER THAN EARNINGS
Subch. I of ch. 812 Note
NOTE: 1993 Wis. Act 80, which affected subch. I and created subch. II, contains extensive judicial council notes.
812.01
812.01
Commencement of garnishment. 812.01(1)
(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
s. 766.55 (2), as prescribed in this subchapter. "Plaintiff" as used in this subchapter includes a judgment creditor and "defendant", a judgment debtor or the spouse or former spouse of a judgment debtor if the judgment is rendered in connection with an obligation described under
s. 766.55 (2).
812.01(2)
(2) The procedures in this subchapter govern all garnishments except the garnishment of earnings. Except as otherwise provided in this subchapter, the general rules of practice and procedure in
chs. 750 to
758 and
801 to
847 apply to actions under this subchapter.
812.01(2a)
(2a) A garnishment action is a separate action.
812.01(3)
(3) An individual may commence a garnishment action in the individual's own person and in the individual's own behalf, or by an attorney licensed to practice in the courts of this state, but not otherwise. Garnishment actions on behalf of any other party shall be commenced only by attorneys licensed to practice in the courts of this state.
812.01(4)
(4) No garnishment action shall be brought to recover the price or value of alcohol beverages sold at retail.
812.01 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.01;
1981 c. 79 s.
17;
1985 a. 37;
1993 a. 80,
486.
812.01 Annotation
The doctrine of marshaling assets is discussed. Moser Paper Co. v. North Shore Pub. Co.
83 Wis. 2d 852,
266 N.W.2d 411 (1978).
812.01 Annotation
Notwithstanding sub. (2), procedures in ch. 799 are used in small claims garnishment actions. Wisconsin Natural Gas Co. v. Kletsch,
95 Wis. 2d 691,
291 N.W.2d 640 (Ct. App. 1980).
812.01 Annotation
The state is immune from suit in any garnishment action not involving a state employee or officer.
77 Atty. Gen. 17.
812.01 Annotation
Garnishment of corporate bank accounts must comply with due process protections of Fuentes and Sniadach. North Georgia Finishing, Inc. v. Di-Chem, Inc.
419 U.S. 601 (1975).
812.01 Annotation
A proposal for monitoring the impact of increased wage garnishment exemptions under the Wisconsin consumer act. 1974 WLR 466.
812.02
812.02
Garnishment before and after judgment. 812.02(1)
(1) A plaintiff may commence a garnishment action at any time after:
812.02(1)(a)1.
1. In an action for damages founded upon contract, express or implied (or in a contract action where a writ of attachment could issue on demands not yet due under
s. 811.03 (3)).
812.02(1)(b)
(b) An execution upon an in personam judgment is issuable.
812.02(2)(b)(b) If the plaintiff in the principal action is unable to obtain personal service on a defendant and has filed the summons and return of service from the sheriff with the clerk of court, the judge of the court in which the principal action is pending may grant an order permitting the plaintiff to make substituted service on the defendant's employer if the plaintiff shows:
812.02(2)(b)3.
3. That a reasonable effort has been made to obtain personal service on the defendant.
812.02(2)(c)
(c) Before taking judgment in an action commenced under
par. (b), the plaintiff shall present an affidavit from the defendant's employer stating that the defendant received the summons of that action.
812.02(2e)
(2e) A plaintiff may not commence any garnishment action affecting the property of a spouse who is not a defendant in the principal action unless the spouse is a defendant in the garnishment action.
812.02(2m)
(2m) Any garnishment action shall be subject to the limitations of
s. 806.25.
812.02(3)
(3) The plaintiff may, in like manner, subsequently proceed against other garnishees and, if the plaintiff has reason to believe they have subsequently become liable, against the same garnishee more than once.
812.02 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 759, 778 (1975); Stats. 1975 s. 812.02;
1985 a. 37;
1993 a. 80,
486.
812.02 Note
Judicial Council Committee Note, 1974: S. 812.02 (1) (a) (intro.) is amended to require the filing of summonses and complaints to make garnishment proceedings comport with other actions under s. 801.02. [Re Order effective Jan. 1, 1976]
812.02 Annotation
An attorney prosecuting an action under sub. (1) (a), which has been found to be unconstitutional as applied to prejudgment garnishment of wages and other property, may be liable under an action under the Civil Rights Act, 42 USC 1983. United States General, Inc. v. Schroeder,
400 F. Supp. 713 (1975).
812.02 Annotation
Prejudgment garnishment. 1975 WLR 860.
812.04
812.04
Garnishment actions; how commenced; summons. 812.04(1)(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, but must carry the court seal.
812.04(2)
(2) The garnishee summons shall be substantially in the following form:
STATE OF WISCONSIN
.... COURT
.... COUNTY
A. B., Plaintiff
vs.
C. D., Defendant
and
E. F., Garnishee
