Wis. Stat. § 812.18
Liability of garnishee
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812.18(1)(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 is interested to the extent of his or her right or interest therein and for all the garnishee’s debts due or to become due to the debtor, except such as are exempt from execution, or are required by a court to be paid by the debtor as restitution under s. 973.20, but not in excess of the amount of the creditor’s claim.
812.18(2m)(a)(a) In this section, “dependent” means any individual including a spouse who requires and is actually receiving substantial support and maintenance from the defendant.
812.18(2m)(b)(b) If the property which is the subject of a garnishment action is the proceeds from the sale of crops, livestock, dairy products or another product grown or produced by a person or by his or her minor children, the garnishee shall pay over to the defendant on the date when the payment would normally be made any exempt amount under s. 815.18 (3) (h).
812.18(3)(3) If the garnishee holds subject to the garnishment or pays pursuant to s. 812.13, moneys owed the principal defendant equal to the amount of the plaintiff’s claim as set forth in the garnishee complaint and disbursements, then any excess moneys owed the defendant, and any garnisheed property in the garnishee’s possession or control, shall no longer be subject to the garnishment. If the moneys owed by the garnishee to the defendant and so held are less than the amount claimed and disbursements, all property subject to the garnishment shall be held pending the further order of the court, subject to any rights of disposition that the garnishee may have, and all proceeds therefrom to which defendant would be entitled shall likewise be retained. The defendant may, on notice, petition the court for an order to release, from the garnishment, all property or its proceeds not reasonably required to assure payment of the plaintiff’s claim and disbursements.
812.18 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 759, 778 (1975); Stats. 1975 s. 812.18; 1977 c. 29, 80; 1979 c. 221; 1983 a. 92, 257; 1987 a. 398; 1989 a. 278; 1993 a. 80, 213; 2019 a. 65.
812.18 Cross-referenceCross-reference: See s. 16.53 (1) (d) 4. for provision as to authority of the secretary of administration in garnishment matters.
812.18 Cross-referenceCross-reference: See s. 425.106 for exemptions arising out of consumer credit transactions.
Notes of Decisions
Cited in 10
cases, 1980–2018 · leading case: Prince Corporation v. James N. Vandenberg
Prince Corporation v. James N. Vandenberg (2016)
“13 Wis. Stat. § 812.18 ; Miracle Feeds, 129 Wis.”
Associated Bank N.A. v. Jack W. Collier (2014)
“7 Wis. Stat. § 812.18 . 5 No. 2011AP2597.ssa ¶79 The court has spoken of garnishment as an equitable levy upon the property of the debtor in the hands of the garnishee, just as it has spoken of service of notice of a supplementary proceeding as operating as an equitable levy.”
In re Woller (2012)
“As the debtors note, Wis. Stat. § 812.18 (2m)(b) provides that in the context of a garnishment action, the garnishee is expected to pay the defendant “any exempt amount” under Wis.”
In Re Page (1994)
“18(l)(a) provides in pertinent part that: From the time of the service of the summons and complaint upon the garnishee, the garnishee shall be liable to the plaintiff for the property and earnings then in his or her possession or under his or her control belonging to the…”
Woodman v. L. A. Olson Co. (In Re Woodman) (1981)
“§ 812.18(l)(a) appears to support the contrary position providing in pertinent part: From the time of the service of the summons and complaint upon the garnishee, the garnishee shall be liable to the plaintiff for the property and earnings then in his or her possession or under…”
Prince Corp. v. Vandenberg (2015)
“See Wis. Stat. § 812.18 (1) ("[T]he 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 is interested to the extent of his or her right or interest therein[.”
Deardorff v. Ford Motor Credit Co. (In Re Deardorff) (1996)
“Ford points out that Wis. Stat. § 812.18 (1) provides that the employer is liable to the garnishing creditor from the “time of service,” and argues that as a result of this liability the debtor has no further claim to the funds.”
Unifund CCR Partners v. Olofson (2018)
“18(1) provides: 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 is interested to the extent of his or her…”
Badgerland Overhead Door, LLC v. Today's Overhead Door, LLC (2018)
“§ 812.18(3) -the statute addressing a garnishee's liability-and argues that because that statute "specifically talks about money being paid by the [g]arnishee," a credit is "not the type of property that is the subject of a garnishment.”
Wisconsin Natural Gas Co. v. Kletsch (1980)
“06 pursuant to sec. 812.18, Stats. 6 The plaintiff made no written reply to the garnishee’s answer, but appeared and orally disputed the same on the return date.”
— Wis. Stat. § 812.18(1) — 1 case
Unifund CCR Partners v. Olofson (2018)
“18(1) provides: 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 is interested to the extent of his or her…”
— Wis. Stat. § 812.18(3) — 1 case
Badgerland Overhead Door, LLC v. Today's Overhead Door, LLC (2018)
“§ 812.18(3) -the statute addressing a garnishee's liability-and argues that because that statute "specifically talks about money being paid by the [g]arnishee," a credit is "not the type of property that is the subject of a garnishment.”
— Wis. Stat. § 812.18(l)(a) — 2 cases
In Re Page (1994)
“18(l)(a) provides in pertinent part that: From the time of the service of the summons and complaint upon the garnishee, the garnishee shall be liable to the plaintiff for the property and earnings then in his or her possession or under his or her control belonging to the…”
Woodman v. L. A. Olson Co. (In Re Woodman) (1981)
“§ 812.18(l)(a) appears to support the contrary position providing in pertinent part: From the time of the service of the summons and complaint upon the garnishee, the garnishee shall be liable to the plaintiff for the property and earnings then in his or her possession or under…”
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