Wisconsin Statutes

Wis. Stat. § 812.16 (2026)

Principal action tried first; judgment

✓ current as of July 2026

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812.16812.16 Principal action tried first; judgment.

812.16(1)(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.

812.16(2)(2) The court may adjudge the recovery of any debt, the conveyance, transfer or delivery to the sheriff or any officer appointed by the judgment of any real estate or personal property disclosed or found to be liable to be applied to the plaintiff’s demand; or by the judgment pass the title thereto; and may therein or by its order direct the manner of making sale and of disposing of the proceeds thereof, or of any money or other thing paid or delivered to the clerk or officer. The judgment against a garnishee shall discharge the garnishee from all demands by the defendant for all property paid, delivered or accounted for by the garnishee, by force of such judgment.

812.16 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.16; 1993 a. 486.

812.16 Cross-referenceCross-reference: See s. 811.14 for sale of perishable property.

Notes of Decisions

Cited in 3 cases, 1984–2018 · leading case: Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016).

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Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). · cites it 6× “16(1) provides, "No trial shall be had of the garnishment action until the plaintiff has judgment in the principal action.”

United States v. Morton, 467 U.S. 822 (1984). “Code §38-7-25 (1966); Wis. Stat. §812.16 (2) (1981-1982); Wyo. Stat.”

Beck v. BidRX, LLC, 918 N.W.2d 96 (Wis. Ct. App. 2018). · cites it 2× “§ 812.16(2), which allows the court to "adjudge the recovery of any debt.”

— Wis. Stat. § 812.16(1) — 1 case

Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). “16(1) provides, "No trial shall be had of the garnishment action until the plaintiff has judgment in the principal action.”

— Wis. Stat. § 812.16(2) — 1 case

Beck v. BidRX, LLC, 918 N.W.2d 96 (Wis. Ct. App. 2018). “§ 812.16(2), which allows the court to "adjudge the recovery of any debt.”

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