Wisconsin Statutes
Wis. Stat. § 812.37 (2026)
Debtor’s answer
✓ current as of July 2026
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812.37(1)(1) Except as provided in s. 812.34 (1), the debtor may claim an exemption under s. 812.34 (2) (b) or a limit to the garnishment under s. 812.34 (2) (c), or may assert any defense to the earnings garnishment, by completing the answer form and delivering or mailing it to the garnishee. The debtor or debtor’s spouse may file an answer or an amended answer at any time before or during the effective period of the earnings garnishment.
812.37(2)(2) Whenever the garnishee receives a debtor’s answer or amended answer, the garnishee shall mail a copy of the answer to the creditor by the end of the 3rd business day after receiving the debtor’s answer, writing on that copy the date of receipt of the answer by the garnishee.
812.37(3)(3) Unless served with an order of the court directing otherwise, in determining whether to pay any part of the debtor’s earnings to the creditor, the garnishee shall accept as true and binding any exemption claimed in the debtor’s answer or any amended answer received before payment is made to the creditor under s. 812.39 (1).
812.37 NoteNOTE: 1993 Wis. Act 80 contains Judicial Council notes.
812.37 AnnotationWhen sub. (3) is read in isolation, it appears to imply that, although a garnishee is bound by an exemption claimed in an answer until the court rules on the exemption, the garnishee is free to disregard any defenses to the garnishment that are asserted in the answer. However, the official form embodied in s. 812.44 (3) clearly states that a garnishee is bound by both exemptions and defenses. When these provisions of the garnishment statute are read together, it appears that the garnishee is required to accept both exemptions and defenses as true pending a court ruling on the answer. Whitehead v. Discover Bank, 118 F. Supp. 3d 1111 (2015).
Notes of Decisions
Cited in 5
cases, 1996–2016 · leading case: Chase Lumber & Fuel Co. v. Koch (In Re Koch), 197 B.R. 654 (Bankr. W.D. Wis. 1996).
Chase Lumber & Fuel Co. v. Koch (In Re Koch), 197 B.R. 654 (Bankr. W.D. Wis. 1996). “Wis.Stat. § 812.37(1). Once it *660 receives the answer, the garnishee must mail a copy to the garnishor within 3 business days, Wis.”
Whitehead v. Discover Bank, 118 F. Supp. 3d 1111 (E.D. Wis. 2015). “See Wis. Stat. §§ 812.37 (3), 812.44(3). The Whiteheads contend that Messerli & Kramer’s continuing to collect payments from General Dynamics while the answers were pending caused it to collect amounts not permitted by law, in violation of § 1692f(l).”
Whitehead v. Discover Bank, 221 F. Supp. 3d 1055 (E.D. Wis. 2016). “” Wis. Stat. § 812.37 (3). Further, the garnishment form contains the following instruction to the garnishee: “If the debtor’s answer form claims a complete exemption or defense, do not withhold or pay to the creditor any part of the debtor’s earnings under this garnishment…”
Kenosha Hosp. & Med. Ctr. v. Garcia, 2003 WI App 142 (Wis. Ct. App. 2003). “Wis. Stat. §812.37 (1). Pursuant to Wis. Stat.”
In re the Outstanding Obligations of Williams, 6 Am. Tribal Law 234 (2005). “Wis. Stat. § 812.37 (1— *239 3) (2004), 3 In the instant case, the judicial assignment “shall take priority over all other income withholding orders, garnishments, and voluntary wage assignments.”
— Wis. Stat. § 812.37(1) — 1 case
Chase Lumber & Fuel Co. v. Koch (In Re Koch), 197 B.R. 654 (Bankr. W.D. Wis. 1996). “Wis.Stat. § 812.37(1). Once it *660 receives the answer, the garnishee must mail a copy to the garnishor within 3 business days, Wis.”
— Wis. Stat. § 812.37(2) — 1 case
Chase Lumber & Fuel Co. v. Koch (In Re Koch), 197 B.R. 654 (Bankr. W.D. Wis. 1996). “Wis.Stat. § 812.37(1). Once it *660 receives the answer, the garnishee must mail a copy to the garnishor within 3 business days, Wis.”
— Wis. Stat. § 812.37(3) — 2 cases
Chase Lumber & Fuel Co. v. Koch (In Re Koch), 197 B.R. 654 (Bankr. W.D. Wis. 1996). “Wis.Stat. § 812.37(1). Once it *660 receives the answer, the garnishee must mail a copy to the garnishor within 3 business days, Wis.”
Whitehead v. Discover Bank, 118 F. Supp. 3d 1111 (E.D. Wis. 2015). “See Wis. Stat. §§ 812.37 (3), 812.44(3). The Whiteheads contend that Messerli & Kramer’s continuing to collect payments from General Dynamics while the answers were pending caused it to collect amounts not permitted by law, in violation of § 1692f(l).”
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