When the answer of the garnishee discloses that any 3rd person claims the debt or property in the garnishee’s hands and the name and residence of such claimant the court may order that such claimant be impleaded as a defendant in the garnishment action and that notice thereof, setting forth the facts, with a copy of such order and answer be served upon the 3rd-person claimant, and that after such service is made the garnishee may pay or deliver to the officer or the clerk such debt or property and have a receipt therefor, which shall be a complete discharge from all liability for the amount so paid or property so delivered. Such notice shall be served as required for service of a summons. Upon such service being made such claimant shall be deemed a defendant in the garnishee action, and within 20 days shall answer setting forth the claimant’s claim or any defense that the garnishee might have made.
812.17.Impleader.
Ch. 812: Garnishment · Last amended 2007 · Last verified July 15, 2026
In one sentenceSection 812.17 lets the court bring a third person who claims the disputed debt or property into the garnishment action as a defendant, letting the garnishee pay or deliver the property to the court and walk away discharged while the competing claimants fight it out.
Full Text of Section 812.17
Plain-English Summary
Section 812.17 addresses a wrinkle that can appear in a garnishee’s answer: someone other than the defendant also claims the debt or property the garnishee is holding. When the answer discloses that a third person makes such a claim, along with that person’s name and residence, the court may order the claimant impleaded as a defendant in the garnishment action, with notice of the order and the answer served on that claimant.
Once that service happens, the garnishee gets an exit ramp. It may pay or deliver the disputed debt or property to the officer or clerk and receive a receipt, which fully discharges the garnishee from further liability for whatever was paid or delivered. The notice itself must be served the same way a summons is served, and once service is complete, the third-person claimant becomes a defendant in the action and has 20 days to answer, setting out either the claimant’s own claim or any defense the garnishee itself might have raised.
Frequently Asked Questions
What happens if someone other than the defendant also claims the money or property a garnishee is holding?
Section 812.17 lets the court order that third-person claimant impleaded as a defendant in the garnishment action, once the garnishee’s answer discloses the claim and the claimant’s name and residence.
Can the garnishee get out of the case once the third-party claimant is brought in?
Yes. After the claimant is served, the garnishee may pay or deliver the debt or property to the officer or clerk and receive a receipt that fully discharges the garnishee from liability for the amount paid or property delivered.
How is the third-person claimant notified of the impleader?
Section 812.17 requires the notice to be served the same way a summons is served, along with a copy of the order and the garnishee’s answer.
What does the impleaded claimant have to do once served?
Within 20 days, the claimant must answer, setting out either the claimant’s own claim to the debt or property, or any defense the garnishee could have raised.
Does the court have to implead a claimant, or is it discretionary?
The section says the court may order the claimant impleaded, framing it as a step the court can take rather than one required automatically whenever a claim surfaces.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.17; 1993 a. 486; 2007 a. 97.
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: third party claim garnishment wisconsinimpleading claimant garnishment wisconsingarnishee discharge after impleader wisconsincompeting claims to garnished property