Wisconsin Procedural Requirements for Wage Garnishment

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Wisconsin Procedural Requirements for Wage Garnishment

Upon payment to the clerk of court of the proper fee, the clerk shall issue a garnishee summons together with sufficient copies to the plaintiff or his or her attorney. The summons form may be in blank, but must carry the court seal. A garnishment action shall be commenced by the filing of a garnishee summons and annexed complaint, except no action shall be deemed commenced as to any defendant upon whom service of authenticated copies of the summons and the complaint has not been made within 60 days after filing. Wis. Statute. Ann. _ 812.04.

The garnishee complaint in a garnishment action after judgment must allege the existence of the grounds for garnishment mentioned in _ 812.02(1)(b) (an execution upon an in personam judgment is issuable), and the name and location of the court, case number, if any, date of entry and amount of the judgment on which the garnishment action is based, the amount of the plaintiff's claim against the defendant and disbursements, not to exceed $40, above all offsets known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff's knowledge and belief, not exempt from execution. Wis. Statute. Ann. _ 812.05.

Note, a plaintiff may not commence any garnishment action affecting the property of a spouse who is not a defendant in the principal action unless the spouse is a defendant in the garnishment action. Wis. Statute. Ann. _ 812.02(2e). A garnishee shall be entitled to $3 as garnishee fee, and shall not be required to answer unless such fee is first paid. When a corporation is garnisheed such fee shall be paid to the person upon whom the garnishee summons and complaint is served. Such fee shall be taxes as costs in the action the same as witness fees are taxed. Wis. Statute. Ann. _ 812.06.

The garnishee summons and complaint shall be served on the garnishee as required for the exercise of personal jurisdiction under chapter 801 (generally personal service), and notice of such service or a copy of the garnishee summons and complaint, together with the summons in the principal action, shall be served on the principal defendant not later than 10 days after service on the garnishee. Wis. Statute. Ann. _ 812.07.

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 rights 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 _ 973.20, but not in excess of the amount of the creditor's claim. Wis. Statute. Ann. _ 812.18.

Property in a safe deposit box in any bank or safe deposit company is not property in the possession or control of such bank or safe deposit company within the meaning of this subchapter. Wis. Statute. Ann. _ 812.19. In case of a trial of an issue between the plaintiff and any garnishee, the prevailing party shall recover taxable costs. Wis. Statute. Ann. _ 812.22.

Interest Rate at which Judgments Accrue

If the judgment is for the recovery of money, interest at the rate of 12% per year from the time of verdict, decision or report until judgment is entered shall be computed by the clerk and added to the costs. W.S.A. _ 814.04. Every execution upon a judgment of money shall direct the collection of interest at the rate of 12% per year on the amount recovered from the date of the entry thereof until paid. W.S.A. _ 815.05. Applicable Forms Garnishee Summons, Wis. Statute. Ann. _ 812.07. 4.0.