812.04.Garnishment actions; how commenced; summons.
Ch. 812: Garnishment · Last amended 1997 · Last verified July 15, 2026
In one sentenceSection 812.04 explains how a garnishment action officially begins in Wisconsin: the clerk issues a sealed garnishee summons in the statutory form once the fee is paid, and the action counts as commenced only if the summons and complaint are served within 60 days of filing.
(1)Upon payment to the clerk of court of the fee prescribed in s. 814.62 (1), 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.
(2)The garnishee summons shall be substantially in the following form: STATE OF WISCONSIN .... COURT .... COUNTY A. B., Plaintiff vs. C. D., Defendant and E. F., Garnishee The State of Wisconsin, to the garnishee: You are hereby summoned, as garnishee of the defendant, C. D., and required, within 20 days after the service of this summons and the annexed complaint upon you, exclusive of the day of service, to answer, whether you are indebted to or have in your possession or under your control any property belonging to the defendant. IF YOU ARE INDEBTED TO THE DEFENDANT FOR PAYMENT FOR THE SALE OF AGRICULTURAL PRODUCTS, YOU ARE ORDERED TO PAY THE PRESCRIBED AMOUNT TO THE DEFENDANT. YOU ARE ORDERED TO RETAIN FROM THE BALANCE THE AMOUNT OF THE PLAINTIFF’S CLAIM AND DISBURSEMENTS, AS STATED IN THE ANNEXED COMPLAINT PENDING THE FURTHER ORDER OF THE COURT. ANY EXCESS INDEBTEDNESS SHALL NOT BE SUBJECT TO THE GARNISHMENT. IF YOU HAVE PROPERTY BELONGING TO THE DEFENDANT AND THE AMOUNT OF INDEBTEDNESS RETAINED IS LESS THAN THE AMOUNT CLAIMED AND DISBURSEMENTS, YOU ARE TO RETAIN THE PROPERTY PENDING THE FURTHER ORDER OF THE COURT, EXCEPT AS PROVIDED IN SECTION 812.18 (3) OF THE WISCONSIN STATUTES. THE AMOUNT RETAINED BY YOU FOR THE PLAINTIFF’S DISBURSEMENTS MAY NOT EXCEED $40. You are further required to serve a copy of your answer to the garnishee complaint on the undersigned attorney and to file your original answer with the clerk of this court, within the 20-day period. In case of your failure to answer, judgment will be entered against you for the amount of plaintiff’s judgment against the defendant and costs, of which the defendant will also take notice. If the property which is the subject of this 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, you must pay over to the principal defendant the appropriate amount under section 812.18 (2m) (b) of the Wisconsin Statutes. Dated this .... day of ...., .... (year) Clerk of .... Court (Seal) Attorney for Plaintiff: .... P. O. Address .... ....
(3)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.
Official Notes
Judicial Council Committee Note, 1974: S. 812.04 (3) is amended to comport with the new rules. There are 2 modifications: the complaint need not be verified and the mode of commencement is changed to comport with s. 801.02. [Re Order effective Jan. 1, 1976]
Plain-English Summary
Section 812.04 supplies the mechanics of starting a garnishment action. Once the plaintiff or the plaintiff’s attorney pays the statutory fee, the clerk of court issues a garnishee summons, along with the copies needed to serve it. The form can be printed and filled in blank, but it must always carry the court’s seal to be valid.
The section sets out the summons form word for word. It tells the garnishee to answer within 20 days of service, disclosing whether the garnishee owes the defendant anything or holds any of the defendant’s property. Built into the same form are special instructions for garnishees who owe a defendant money for agricultural products: they must pay the defendant the prescribed portion, hold back only the amount of the plaintiff’s claim and disbursements, and treat any excess as beyond the garnishment’s reach. The disbursements a garnishee may retain are capped at $40, and a garnishee who fails to answer faces default judgment for the amount of the plaintiff’s judgment against the defendant plus costs.
Finally, the section defines when the action legally begins. Filing the garnishee summons and complaint with the court starts the process, but the action is not deemed commenced as to any particular defendant unless authenticated copies of the summons and complaint are served on that defendant within 60 days of filing. Miss that window, and the filing alone does not count.
Frequently Asked Questions
How does a garnishment action get started in Wisconsin?
Under Section 812.04, the plaintiff pays the fee prescribed by statute, the clerk of court issues a garnishee summons carrying the court seal, and the action is commenced by filing that summons together with the complaint.
How long does a garnishee have to answer the summons?
The statutory summons form set out in Section 812.04(2) gives the garnishee 20 days after service, exclusive of the day of service, to answer.
What happens if the garnishee never answers?
The statutory summons form warns that judgment will be entered against the garnishee for the amount of the plaintiff’s judgment against the defendant, plus costs.
Is there a deadline to serve the summons after it is filed?
Yes. Section 812.04(3) says the action is not deemed commenced as to a defendant unless authenticated copies of the summons and complaint are served on that defendant within 60 days after filing.
How much can a garnishee retain for the plaintiff’s disbursements?
The statutory summons form caps the amount retained for the plaintiff’s disbursements at $40.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759, 778 (1975); Stats. 1975 s. 812.04; 1977 c. 80; 1979 c. 32 s. 92 (16); 1979 c. 228, 355; 1981 c. 317; 1983 a. 92, 257, 538; 1985 a. 135; 1987 a. 221; 1993 a. 80; 1997 a. 250.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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