Wis. Stat. » CHAPTER 812 — GARNISHMENT
Wisconsin Statutes

Wis. Stat. § 812.01 (2026)

Commencement of garnishment

✓ current as of July 2026
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812.01812.01 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 HistoryHistory: 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 AnnotationDiscussing the doctrine of marshaling assets. Moser Paper Co. v. North Shore Publishing Co., 83 Wis. 2d 852, 266 N.W.2d 411 (1978).
812.01 AnnotationNotwithstanding 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 AnnotationTo be subject to garnishment, a debt must be owing absolutely at the time of the service of process, even if payable later. When the question of indebtedness depends entirely upon future contingencies, there is no liability. Hometown Bank v. Acuity Insurance, 2008 WI App 48, 308 Wis. 2d 503, 748 N.W.2d 203, 07-1048.
812.01 AnnotationAn otherwise valid judgment can be enforced against a legal entity when the judgment is entered against the name under which the legal entity does business. If the name under which a person or corporation does business is “simply another way to refer to” a single legal entity and constitutes no entity distinct from the person or corporation who does business, then a judgment against the “doing business as” name is enforceable against the legal entity from which it is indistinct. Paul Davis Restoration of S.E. Wisconsin, Inc. v. Paul Davis Restoration of Northeast Wisconsin, 2013 WI 49, 347 Wis. 2d 614, 831 N.W.2d 413, 11-1121.
812.01 AnnotationA Wisconsin court may issue an in personam order affecting out-of-state property, even though the court does not have in rem jurisdiction over the property. A debt may generally be garnished wherever personal jurisdiction may be exercised over the garnishee. Midland Funding, LLC v. Mizinski, 2014 WI App 82, 355 Wis. 2d 475, 854 N.W.2d 371, 13-2422.
812.01 AnnotationA plaintiff in a garnishment action has no right to receive any property from the garnishee until superior liens are satisfied. The mere fact that a creditor is the first party to file a garnishment action is not dispositive of priority. Prince Corp. v. Vandenberg, 2015 WI App 55, 364 Wis. 2d 457, 868 N.W.2d 599, 14-2097.
812.01 AnnotationA garnishment proceeding is separate from an action establishing a debtor’s liability to a creditor in the garnishment action. In a garnishment action, a money judgment may not be ordered against nongarnishees, including the debtor. Beck v. BidRX, LLC, 2018 WI App 61, 384 Wis. 2d 207, 918 N.W.2d 96, 17-2043.
812.01 AnnotationThe state is immune from suit in any garnishment action not involving a state employee or officer. 77 Atty. Gen. 17.
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812.01 AnnotationGarnishment of corporate bank accounts must comply with the due process protections of Fuentes, 407 U.S. 67 (1972), and Sniadach, 395 U.S. 337 (1969). North Georgia Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601, 95 S. Ct. 719, 42 L. Ed. 2d 751 (1975).
Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1980–2025 · leading case: Associated Bank N.A. v. Jack W. Collier, 2014 WI 62 (Wis. 2014).
Sort: Relevance Newest Treatment
Associated Bank N.A. v. Jack W. Collier, 2014 WI 62 (Wis. 2014). · cites it 12× “05 (6) (2011-12);3 Wis. Stat. § 812.01 ; Wis. Stat. § 816.08 .”
Paul Davis Restoration of S.E. Wisconsin, Inc. v. Paul Davis Restoration of Ne. Wisconsin, 2013 WI 49 (Wis. 2013). · cites it 22× “The problem we now address arose when Southeast sought to enforce a judgment, via a garnishment action under Wis. Stat. § 812.01 (2009-10)1, for the money damages it had been awarded by the arbitration panel.”
Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). · cites it 8× “§ 812.01 . Garnishment is a wholly statutory remedy, requiring strict compliance.”
VanHuss v. Kohn Law Firm S.C., 127 F. Supp. 3d 980 (W.D. Wis. 2015). · cites it 6× “Whether the Conduct as Pled Can Support Any Cause of Action Defendants first argue that it was not illegal for them to alter the caption in the garnishment action because there is no legal requirement that the caption match that in the underlying action.”
Attorney's Title Guar. Fund, Inc. v. Town Bank, 2014 WI 63 (Wis. 2014). · cites it 4× “05 (6); Wis. Stat. § 812.01 ; Wis. Stat. § 816.08 .”
Beck v. BidRX, LLC, 918 N.W.2d 96 (Wis. Ct. App. 2018). · cites it 4× “§§ 812.01 - 812.24. A garnishment action allows the plaintiff creditor to obtain property of the debtor held by third parties on behalf of the debtor, or to recover property owed to the debtor by third parties.”
Kotecki & Radtke, S.C. v. Johnson, 531 N.W.2d 606 (Wis. Ct. App. 1995). · cites it 3× “Johnson as a marital property defendant pursuant to § 812.01, STATS. Finally, the complaint alleges that Kotecki & Radtke "believes" that Miller Brewing is indebted to Ms.”
Prince Corp. v. Vandenberg, 2015 WI App 55 (Wis. Ct. App. 2015). · cites it 4× “They observe that Wis. Stat. § 812.01 (1) allows a creditor to garnish property "in [the garnishee's] possession or under his or her control belonging to such creditor's debtor [.”
Hometown Bank v. Acuity Ins., 2008 WI App 48 (Wis. Ct. App. 2008). · cites it 2× “" Wis. Stat. § 812.01 . In addition, contingent liabilities are not subject to garnishment.”
Crown Castle USA, Inc. v. Orion Constr. Grp., LLC, 2012 WI 29 (Wis. 2012). “Alternatively or additionally, the judgment creditor could commence a garnishment action against the non-judgment debtor third party under § 812.01(1), or proceed under § 128.08 (discussing the appointment of a receiver).”
Bank One, Appleton, NA v. Reynolds, 500 N.W.2d 337 (Wis. Ct. App. 1993). · cites it 2× “Section 812.01(1), states: 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.”
Milwaukee Stove & Furnace Supply Co. v. Apex Heating & Cooling, Inc., 418 N.W.2d 4 (Wis. Ct. App. 1987). · cites it 2× “Section 812.01(1) provides in part: Garnishment; definitions, procedure, exceptions.”
Show all 18 citing cases →
— Wis. Stat. § 812.01(1) — 8 cases
Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). “§ 812.01 . Garnishment is a wholly statutory remedy, requiring strict compliance.”
Crown Castle USA, Inc. v. Orion Constr. Grp., LLC, 2012 WI 29 (Wis. 2012). “Alternatively or additionally, the judgment creditor could commence a garnishment action against the non-judgment debtor third party under § 812.01(1), or proceed under § 128.08 (discussing the appointment of a receiver).”
Beck v. BidRX, LLC, 918 N.W.2d 96 (Wis. Ct. App. 2018). “§§ 812.01 - 812.24. A garnishment action allows the plaintiff creditor to obtain property of the debtor held by third parties on behalf of the debtor, or to recover property owed to the debtor by third parties.”
Bank One, Appleton, NA v. Reynolds, 500 N.W.2d 337 (Wis. Ct. App. 1993). “Section 812.01(1), states: 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.”
Milwaukee Stove & Furnace Supply Co. v. Apex Heating & Cooling, Inc., 418 N.W.2d 4 (Wis. Ct. App. 1987). “Section 812.01(1) provides in part: Garnishment; definitions, procedure, exceptions.”
— Wis. Stat. § 812.01(2) — 2 cases
Dale Goytowski v. D & E Home Remodeling, LLC (Wis. Ct. App. 2025).
Wisconsin Nat. Gas Co. v. Kletsch, 291 N.W.2d 640 (Wis. Ct. App. 1980).
— Wis. Stat. § 812.01(2a) — 1 case
Beck v. BidRX, LLC, 918 N.W.2d 96 (Wis. Ct. App. 2018). “§§ 812.01 - 812.24. A garnishment action allows the plaintiff creditor to obtain property of the debtor held by third parties on behalf of the debtor, or to recover property owed to the debtor by third parties.”
— Wis. Stat. § 812.01(6) — 1 case
Wisconsin Nat. Gas Co. v. Kletsch, 291 N.W.2d 640 (Wis. Ct. App. 1980).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.