Wisconsin Statutes

Wis. Stat. § 812.31 (2026)

Procedure

✓ current as of July 2026

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812.31812.31 Procedure.

812.31(1)(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 actions under this subchapter. Section 799.06 (2) shall apply to actions under this subchapter.

812.31(2)(2) Venue for earnings garnishment is prescribed by s. 801.50; the garnishee shall be deemed a defendant for purposes of that statute.

812.31(3)(3) An earnings garnishment action may not be commenced in a county other than the county where the judgment is entered unless a transcript of the judgment is entered in that county.

812.31(4)(4) Each pleading or other document in an earnings garnishment proceeding shall designate each party as creditor, debtor or garnishee.

812.31 HistoryHistory: 1993 a. 80; 1995 a. 224.

812.31 NoteNOTE: 1993 Wis. Act 80 contains Judicial Council notes.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2004–2022 · leading case: Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022).

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Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). · cites it 2× “§ 812.31 (3) (referring to an "earnings garnishment action"); § 812.”

Kenosha Hosp. & Med. Ctr. v. Garcia, 2004 WI 105 (Wis. 2004). · cites it 10× “[19] We therefore turn to Wis. Stat. § 812.31 , which in turn directs us to the general rules of practice and procedure in Wis.”

Whitehead v. Discover Bank, 118 F. Supp. 3d 1111 (E.D. Wis. 2015). · cites it 2× “They point out that under Wis. Stat. § 812.31 (1), Wisconsin’s general rules of civil practice apply to garnishment actions, and that under those general rules, see Wis, Stat.”

— Wis. Stat. § 812.31(4) — 1 case

Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “§ 812.31 (3) (referring to an "earnings garnishment action"); § 812.”

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