(1) Subject to s. 812.19 (4), from the time of service upon the garnishee, the garnishee shall be liable to the creditor for the property then in the garnishee’s possession or under his or her control belonging to the debtor or in which the debtor is interested to the extent of his or her right or interest therein and for all the garnishee’s debts due or to become due to the debtor, except such as are exempt from execution, or are required by a court to be paid by the debtor as restitution under s. 973.20, but not in excess of the amount of the creditor’s claim. (2m) (a) In this section, “dependent” means any individual including a spouse who requires and is actually receiving substantial support and maintenance from the defendant. (b) If the property which is the subject of a garnishment action is the proceeds from the sale of crops, livestock, dairy products or another product grown or produced by a person or by his or her minor children, the garnishee shall pay over to the defendant on the date when the payment would normally be made any exempt amount under s. 815.18 (3) (h). (c) The restrictions of par. (b) do not apply in the case of: 1. An order of any court for the support of any person. 2. An order of any court of bankruptcy under chapter XIII of the bankruptcy act. 3. Any debt due for any state or federal tax. 4. An order of a court under s. 128.21. (3) If the garnishee holds subject to the garnishment or pays pursuant to s. 812.13, moneys owed the principal defendant equal to the amount of the plaintiff’s claim as set forth in the garnishee complaint and disbursements, then any excess moneys owed the defendant, and any garnisheed property in the garnishee’s possession or control, shall no longer be subject to the garnishment. If the moneys owed by the garnishee to the defendant and so held are less than the amount claimed and disbursements, all property subject to the garnishment shall be held pending the further order of the court, subject to any rights of disposition that the garnishee may have, and all proceeds therefrom to which defendant would be entitled shall likewise be retained. The defendant may, on notice, petition the court for an order to release, from the garnishment, all property or its proceeds not reasonably required to assure payment of the plaintiff’s claim and disbursements.
812.18.Liability of garnishee.
Ch. 812: Garnishment · Last amended 2019 · Last verified July 15, 2026
In one sentenceSection 812.18 defines when and how much a garnishee becomes liable to the creditor once served, protects a portion of agricultural sale proceeds owed to the defendant, and releases property from garnishment once enough is held to cover the plaintiff’s claim and disbursements.
Full Text of Section 812.18
Official Notes
Cross-reference: See s. 16.53 (1) (d) 4. for provision as to authority of the secretary of administration in garnishment matters.
Cross-reference: See s. 425.106 for exemptions arising out of consumer credit transactions.
Plain-English Summary
Section 812.18 fixes the moment a garnishee’s exposure begins and how far it reaches. From the time of service, subject to the financial-institution rule in Section 812.19(4), the garnishee becomes liable to the creditor for whatever property it then holds or controls belonging to the debtor, to the extent of the debtor’s actual interest, and for whatever debts it owes or will owe the debtor. Property or debts exempt from execution fall outside that liability, as does any amount a court has ordered the debtor to pay as restitution. In every case, the garnishee’s total exposure cannot exceed the amount of the creditor’s claim.
The section carves out special protection for a debtor selling crops, livestock, dairy products, or similar farm goods. Even while the proceeds are garnisheed, the garnishee must pay the defendant, on the normal payment date, whatever amount the statutes exempt for that kind of transaction. That protection does not apply, however, when the underlying debt is a court-ordered support obligation, certain bankruptcy-related orders, unpaid state or federal taxes, or an order issued under a specific debtor-relief statute.
The section closes by describing when garnisheed property gets released. If the garnishee holds or pays over an amount equal to the plaintiff’s claim and disbursements, any remaining money owed to the defendant, and any remaining garnisheed property, is no longer subject to the garnishment. If what the garnishee owes falls short of that amount, all the garnisheed property stays held pending further court order, though the defendant can petition the court, on notice, to release whatever is not reasonably needed to cover the plaintiff’s claim and disbursements.
Frequently Asked Questions
When does a garnishee become liable to the plaintiff?
Section 812.18(1) says liability attaches from the time of service, for property the garnishee then holds belonging to the debtor and for debts due or becoming due to the debtor, capped at the amount of the creditor’s claim.
Are there any debts or property a garnishee never has to turn over?
Yes. Property or debts exempt from execution fall outside the garnishee’s liability, as does any amount a court has ordered paid as restitution.
Does a farmer selling crops or livestock get any protection when the buyer is garnisheed?
Yes. Section 812.18(2m)(b) requires the garnishee to pay the defendant the exempt amount on the normal payment date, even while the rest of the proceeds are held under the garnishment.
When does that farm-proceeds protection not apply?
Section 812.18(2m)(c) lists exceptions: court-ordered support obligations, certain bankruptcy court orders, unpaid state or federal taxes, and orders issued under a specific debtor-relief statute.
When does garnisheed property stop being tied up in the case?
Once the garnishee holds or pays an amount equal to the plaintiff’s claim and disbursements, any excess owed to the defendant and any remaining garnisheed property is released from the garnishment under Section 812.18(3), and the defendant can also petition to release property beyond what is reasonably needed.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759, 778 (1975); Stats. 1975 s. 812.18; 1977 c. 29, 80; 1979 c. 221; 1983 a. 92, 257; 1987 a. 398; 1989 a. 278; 1993 a. 80, 213; 2019 a. 65.
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: when is garnishee liable wisconsinfarm proceeds garnishment exemption wisconsinreleasing garnisheed property wisconsingarnishee liability capped at claim wisconsin