(1) The defendant may, within 20 days from the service of the garnishee summons and complaint on the defendant, answer the garnishee complaint and defend the garnishment action upon any ground upon which a garnishee might defend, and may participate in the trial of any issue between the plaintiff and garnishee. The garnishee may, at the garnishee’s option, defend the principal action for the defendant, if the latter does not defend.
812.15.Defendant or garnishee may defend both actions.
Ch. 812: Garnishment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 812.15 lets the defendant answer the garnishee complaint and defend the garnishment action on any ground the garnishee could raise, and lets the garnishee defend the underlying principal action for the defendant if the defendant does not, though only at the cost of becoming a party liable for costs.
Full Text of Section 812.15
(2) When any garnishee defends the principal action, the garnishee shall thereby become a party defendant in said action and shall be so entered of record by the clerk, but shall be liable only for the costs in said action.
Plain-English Summary
Section 812.15 recognizes that both the defendant and the garnishee have a stake in the garnishment action, and lets either one step up for the other. Within 20 days of being served with the garnishee summons and complaint, the defendant may answer that complaint and defend the garnishment action on any ground a garnishee itself might use, and may take part in the trial of any issue between the plaintiff and the garnishee.
The reverse also holds: if the defendant does not defend the underlying principal action, the garnishee may choose to defend it on the defendant’s behalf. That choice is not free, however. A garnishee who defends the principal action becomes a party defendant in that action, formally entered of record by the clerk, and takes on liability for the costs in that action, though nothing more.
Frequently Asked Questions
Can the defendant get involved in the dispute between the plaintiff and the garnishee?
Yes. Section 812.15(1) lets the defendant, within 20 days of service, answer the garnishee complaint and defend the garnishment action on any ground the garnishee itself could raise, and participate in that trial.
What happens if the defendant does not defend the underlying lawsuit at all?
The garnishee may step in and defend the principal action for the defendant, at the garnishee’s option.
What does it cost the garnishee to defend the principal action for the defendant?
The garnishee becomes a party defendant in that action, entered of record by the clerk, and becomes liable for the costs in that action.
Is the garnishee required to defend the principal action if the defendant does not?
No. Section 812.15(1) frames it as something the garnishee may do at its own option, not something required.
What grounds can the defendant raise when defending the garnishee complaint?
Any ground upon which a garnishee might defend, according to Section 812.15(1).
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.15; 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: defendant defending garnishment action wisconsingarnishee defending for defendant wisconsingarnishee becomes party defendant wisconsinwho can defend a garnishment complaint