(1) No judgment in the principal action shall be entered against the defendant for an amount in excess of the liability of the garnishee to the principal defendant, unless the defendant makes a general appearance or is personally served and defaults or unless the defendant appears without objecting to the jurisdiction of the court over his or her person. An in rem judgment shall not bar another action for any unpaid balance of the claim.
812.08.Judgment; bond.
Ch. 812: Garnishment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 812.08 caps a judgment against the garnisheed defendant at the garnishee’s actual liability unless the defendant appeared or was personally served and defaulted, and it requires the plaintiff to post a doubled bond before collecting an in rem judgment within a year, to cover a defendant who later reopens the case and wins.
Full Text of Section 812.08
(2) No money shall be paid by the garnishee to the plaintiff to satisfy an in rem judgment within one year from entry of such judgment unless the plaintiff executes a bond or undertaking to the garnishee, to be filed in the garnishee action, for double the amount paid, or for double the value of the property delivered conditioned that if the principal defendant within one year from entry of judgment secures relief under s. 806.07, and, in due course prevails on the merits, the plaintiff will pay the amount or any part thereof found due to the principal defendant or to the garnishee defendant, as the court orders.
Plain-English Summary
Section 812.08 limits how far a garnishment judgment can reach when the defendant was never fully brought into the case. Unless the defendant makes a general appearance, is personally served and defaults, or appears without objecting to the court’s jurisdiction, no judgment in the principal action can exceed the garnishee’s actual liability to the defendant. The section also clarifies that a judgment reaching only that property, an in rem judgment, does not prevent a later action to collect any unpaid balance of the underlying claim.
The second subsection protects a defendant who was reached only through garnished property, not through personal jurisdiction, and who might still challenge the judgment. For one year after entry of an in rem judgment, the garnishee cannot pay the plaintiff to satisfy it unless the plaintiff first posts a bond for double the amount paid or double the value of the property delivered. That bond is conditioned on the possibility that the defendant, within that same year, obtains relief from the judgment and ultimately prevails on the merits; if that happens, the plaintiff must repay whatever the court orders, to the defendant or to the garnishee.
Frequently Asked Questions
Can a garnishment judgment against the defendant exceed what the garnishee owed?
Not unless the defendant made a general appearance, was personally served and defaulted, or appeared without objecting to jurisdiction. Section 812.08(1) caps the judgment at the garnishee’s liability otherwise.
Does an in rem judgment from a garnishment action wipe out the rest of the plaintiff’s claim?
No. Section 812.08(1) says an in rem judgment does not bar another action for any unpaid balance of the claim.
Can the plaintiff collect immediately after winning an in rem judgment?
Not without posting security. Section 812.08(2) bars the garnishee from paying the plaintiff on an in rem judgment within a year of entry unless the plaintiff first posts a bond for double the amount or value involved.
What is that bond meant to protect against?
It protects a defendant who, within that first year, secures relief from the judgment and ultimately prevails on the merits; the bond ensures the plaintiff can repay what the court orders.
Who might the plaintiff have to repay under that bond?
Either the principal defendant or the garnishee defendant, whichever the court orders, depending on how the reopened case comes out.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759, 778 (1975); Stats. 1975 s. 812.08; 1993 a. 486.
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
Also known as: in rem garnishment judgment wisconsinbond before collecting garnishment judgment wisconsinlimit on garnishment judgment amount wisconsinreopening garnishment judgment within a year