(1) The garnishee complaint in a garnishment action before judgment must allege the existence of one of the grounds for garnishment mentioned in s. 812.02 (1) (a), 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, other than earnings, as defined under s. 812.30 (7), 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.
812.05.Garnishee complaint before and after judgment; several garnishees.
Ch. 812: Garnishment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 812.05 spells out what a garnishee complaint must allege before and after judgment, allows any number of garnishees to be joined in one action, and lets a partnership garnishee be reached and bound through service on any partner.
Full Text of Section 812.05
(2) The garnishee complaint in a garnishment action after judgment must allege the existence of the grounds for garnishment mentioned in s. 812.02 (1) (b), 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.
(3) Any number of garnishees may be joined in the same garnishment action; but if a joint liability is claimed it shall be so stated in the complaint, otherwise the several garnishees shall be deemed severally proceeded against.
(4) If a garnishee defendant is named by a partnership name, service of the garnishee summons and complaint may be made upon any partner. A judgment rendered under such circumstances is a binding adjudication individually against each partner so served and is a binding adjudication against the partnership as to its assets anywhere.
Plain-English Summary
Section 812.05 sets the pleading requirements for the complaint that accompanies a garnishee summons. Before judgment, the complaint must allege one of the grounds for garnishment listed in Section 812.02(1)(a), the amount of the plaintiff’s claim and disbursements, capped at $40, above any known offsets, and the plaintiff’s belief that the garnishee is indebted to, or holds property other than earnings belonging to, the defendant, and that the debt or property is not exempt from execution to the best of the plaintiff’s knowledge.
After judgment, the required allegations shift to match the different procedural posture: the grounds under Section 812.02(1)(b), plus identifying details about the underlying judgment, such as the court, case number, entry date, and amount, along with the same claim, disbursement, and non-exemption allegations required before judgment.
The section also addresses how many garnishees a single action can reach. Any number of garnishees may be joined together, but if the plaintiff claims they are jointly liable, the complaint must say so; otherwise the law treats each garnishee as proceeded against separately. And when a garnishee defendant is a partnership, service on any one partner is enough: the resulting judgment binds that partner individually and binds the partnership’s assets wherever they are located.
Frequently Asked Questions
What must a garnishee complaint say before the plaintiff has a judgment against the defendant?
Under Section 812.05(1), it must allege one of the grounds for garnishment under Section 812.02(1)(a), the plaintiff’s claim amount and disbursements above known offsets, and the plaintiff’s belief that the garnishee owes or holds property, other than earnings, belonging to the defendant that is not exempt from execution.
How is a garnishee complaint different after the plaintiff already has a judgment?
Section 812.05(2) requires it to allege the grounds under Section 812.02(1)(b), plus identifying information about the judgment itself, in addition to the same claim and non-exemption allegations required before judgment.
Can a plaintiff garnish more than one garnishee in the same action?
Yes. Section 812.05(3) allows any number of garnishees to be joined in the same garnishment action.
What happens if the plaintiff wants to claim several garnishees are jointly liable?
The complaint must state that joint liability explicitly; otherwise the garnishees are treated as severally, not jointly, proceeded against.
How do you serve a garnishment on a business organized as a partnership?
Section 812.05(4) allows service of the garnishee summons and complaint on any partner when the garnishee defendant is named by its partnership name, and the resulting judgment binds that partner individually and the partnership’s assets everywhere.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759, 778 (1975); Stats. 1975 s. 812.05; 1977 c. 80; 1983 a. 257; 1993 a. 80.
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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