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812.11.Garnishee answer.

Ch. 812: Garnishment · Last amended 1993 · Last verified July 15, 2026

In one sentenceSection 812.11 requires a garnishee to file a sworn answer within 20 days disclosing any debt owed to the defendant, any property held for the defendant, any setoffs or competing claims, and, for agricultural proceeds, the amount owed directly to the defendant under Section 812.18.

Full Text of Section 812.11

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The garnishee shall, within 20 days from the service of a garnishee summons and complaint, exclusive of the day of service, serve upon the attorney for the plaintiff, and file with the clerk of court, an answer in which the garnishee shall state:
(1) Whether the garnishee was, at the time of the service of the garnishee summons, indebted or under any liability to the defendant, naming the defendant, in any manner or upon any account, specifying, if indebted or liable, the amount, the interest thereon, the manner in which evidenced, when payable, whether an absolute or contingent liability and the facts necessary to a complete understanding of such indebtedness or liability. When the garnishee is in doubt respecting any liability or indebtedness to the defendant, the garnishee may set forth the facts concerning the possible liability or indebtedness.
(2) Whether the garnishee held, at the time of the service of the garnishee summons, title to, possession of or any other interest in any land or personal property or any instruments or papers relating to any such land or personal property belonging to the defendant or in which the defendant is interested. If the garnishee admits holding any interest in property described in this subsection or is in doubt respecting whether the garnishee holds an interest in property described in this subsection, the garnishee shall set forth a description of the property and the facts concerning the property, and the title, interest or claim of the defendant in or to the property.
(3) If the garnishee claims any setoff or defense to any debt or liability or any lien or claim to property described in sub. (2), the garnishee shall allege the facts.
(4) The garnishee may state any claim of exemption from execution on the part of the defendant or other objection, known to the garnishee, against the right of the plaintiff to apply upon the plaintiff’s demand the debt or property disclosed.
(5) If the garnishee discloses any debt or the possession of any property to which the defendant and other persons make claim, the garnishee may allege the names and residences of such other claimants and, so far as known, the nature of their claims. (7) In addition to the requirements of sub. (1), if the garnishee is indebted to or under any liability to the defendant for payment for the sale of any crops, livestock, dairy products or another product grown or produced by a person or by his or her minor children, the garnishee answer shall state the amount to be paid under s. 812.18 (2m) (b) to the defendant and the balance held by the garnishee. (8) Service upon the attorney for the plaintiff may be effected by mailing a copy of the garnishee answer to the attorney for the plaintiff at the attorney’s post-office address as shown on the summons.

Plain-English Summary

Section 812.11 is where the garnishee tells the court what it holds. Within 20 days of being served, the garnishee must serve the plaintiff’s attorney and file with the clerk a written answer covering several topics. First, whether the garnishee owed the defendant anything at the time of service, and if so, the amount, the interest, how the debt is documented, when it is payable, and whether the liability is absolute or contingent; a garnishee unsure about a possible debt can lay out the facts rather than commit to a firm answer.

Second, the garnishee must disclose any interest it held in the defendant’s land or personal property at the time of service, again describing the property and the defendant’s claim to it if the garnishee admits or is unsure about holding such an interest. Third, the garnishee must state any setoff, defense, lien, or claim against that debt or property. Fourth, the garnishee may raise any exemption claim on the defendant’s behalf, or any other objection known to the garnishee, against the plaintiff’s right to reach the disclosed debt or property. And fifth, if someone other than the defendant also claims the debt or property, the garnishee may name those other claimants and describe what is known about their claims.

The section adds two more requirements. If the debt involves proceeds from selling crops, livestock, dairy products, or similar goods, the answer must state the amount that goes directly to the defendant under Section 812.18(2m)(b) and the balance the garnishee is holding back. And service on the plaintiff’s attorney can be accomplished by mailing a copy of the answer to the address shown on the summons.

Frequently Asked Questions

How long does a garnishee have to file an answer, and what has to be in it?

Section 812.11 gives the garnishee 20 days from service of the garnishee summons and complaint to serve and file an answer stating whether it owes the defendant anything and whether it holds any of the defendant’s property.

What if the garnishee is not sure whether it owes the defendant money?

Section 812.11(1) lets the garnishee set forth the facts concerning a possible liability or indebtedness when the garnishee is in doubt, rather than requiring a definite yes-or-no answer.

Can the garnishee raise the defendant’s own exemption claims in the answer?

Yes. Section 812.11(4) lets the garnishee state any claim of exemption from execution on the defendant’s behalf, along with any other objection the garnishee knows about.

What happens if a third person also claims the property the garnishee is holding?

Under Section 812.11(5), the garnishee may disclose the names and residences of those other claimants and what is known about the nature of their claims.

Are there special disclosure rules for garnishees who owe a farmer for crops or livestock?

Yes. Section 812.11(7) requires the answer to state the amount owed to the defendant directly under Section 812.18(2m)(b) and the balance the garnishee continues to hold.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.11; 1983 a. 92; 1993 a. 80, 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
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