(1) Except as provided in s. 812.05 (4), the garnishee summons and complaint shall be served on the garnishee as required for the exercise of personal jurisdiction under ch. 801, and notice of such service in substantial conformity with sub. (4), or a copy of the garnishee summons and complaint, together with the summons in the principal action, shall be served on the principal defendant as required for the exercise of personal jurisdiction under ch. 801, not later than 10 days after service on the garnishee as provided in s. 801.11. (4) Form of notice. State of Wisconsin .... Court .... County TO: ........ ........ ........ You are notified that an action has been commenced against you by .... on a claim of $.... and that your property in the hands of .... has been garnisheed to satisfy that claim. Unless you demand a complaint as provided in the attached summons, or answer the garnishment complaint, a copy of which can be obtained from the undersigned, judgment will be taken against you and your property applied to pay the debt as provided by law. Dated this .... day of .... .... (year) Plaintiff by: .... Plaintiff’s attorney Address .... (5) Unless the notice, or a copy of the garnishee summons and complaint, is served, as provided in this section, the garnishee action shall be dismissed.
812.07.Service on garnishee and defendant.
Ch. 812: Garnishment · Last amended 1997 · Last verified July 15, 2026
In one sentenceSection 812.07 requires the garnishee summons and complaint to be served on the garnishee under the personal jurisdiction rules, requires notice or copies to reach the defendant within 10 days after that, sets out the required notice form, and dismisses the action if that notice never gets served.
Full Text of Section 812.07
Plain-English Summary
Section 812.07 lays out two separate service requirements a garnishment action must satisfy. The garnishee itself must be served with the garnishee summons and complaint the same way any defendant is served to establish personal jurisdiction under chapter 801. Separately, and generally afterward, the principal defendant, the debtor whose money or property is at stake, must also learn about the garnishment. That can happen either by serving the defendant with a notice substantially matching the form the section sets out, or by serving a copy of the garnishee summons and complaint along with the summons from the principal action. Either way, that step must happen no later than 10 days after service on the garnishee.
The section reproduces the required notice form in full. It tells the defendant that an action has been commenced on a stated claim, that the defendant’s property in the garnishee’s hands has been garnisheed to satisfy the claim, and that unless the defendant demands a complaint or answers the garnishment complaint, judgment will be taken and the defendant’s property applied to the debt.
The consequence for skipping this step is severe: unless the notice, or a copy of the garnishee summons and complaint, is served as the section requires, the garnishee action must be dismissed. Notifying the defendant is not optional paperwork; it is a condition the garnishment action must satisfy to survive.
Frequently Asked Questions
Does the garnishee have to be served the same way as any other defendant?
Yes. Section 812.07(1) requires the garnishee summons and complaint to be served on the garnishee as required for the exercise of personal jurisdiction under chapter 801.
How soon after serving the garnishee does the defendant need to learn about the garnishment?
Not later than 10 days after service on the garnishee, the defendant must be served with notice in the form the section provides, or with a copy of the garnishee summons and complaint along with the principal action’s summons.
What does the notice to the defendant have to say?
The statutory form in Section 812.07 tells the defendant that an action has been commenced on a stated claim, that property in the garnishee’s hands has been garnisheed to satisfy it, and that judgment will be taken against the defendant’s property unless the defendant demands a complaint or answers.
What happens if the defendant is never given this notice?
Section 812.07(5) requires dismissal of the garnishee action if the notice, or a copy of the garnishee summons and complaint, is not served as the section requires.
Is there an exception to serving the garnishee under the usual personal jurisdiction rules?
Yes, for a partnership garnishee served under Section 812.05(4), which allows service on any partner instead of following the general rule.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759, 778 (1975); Stats. 1975 s. 812.07; 1993 a. 80, 213; 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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