Except upon the order of a judge no action shall be commenced by the defendant or the defendant’s assignee against a garnishee upon any garnisheed claim or demand or to recover any property garnisheed, or execution be issued upon a judgment in favor of defendant against such garnishee, until the termination of the garnishment action; and if an action has been commenced or an execution issued it shall be stayed by the court or a judge thereof as to the garnishee upon the garnishee’s application.
812.20.Action by defendant against garnishee stayed.
Ch. 812: Garnishment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 812.20 stays any action or execution the defendant might otherwise pursue against a garnishee over the garnisheed property until the garnishment action is over, so the two disputes do not proceed on separate, conflicting tracks.
Full Text of Section 812.20
Plain-English Summary
Section 812.20 keeps the garnishment action as the exclusive forum for fighting over garnisheed property while it remains pending. Except by order of a judge, the defendant, or the defendant’s assignee, cannot start a separate action against the garnishee over the garnisheed claim or demand, cannot sue to recover the garnisheed property directly, and cannot execute on a judgment the defendant already holds against the garnishee, until the garnishment action itself has run its course.
The section also covers what happens if the defendant tries anyway. If an action has already been commenced or an execution already issued despite this restriction, the court or a judge must stay it as to the garnishee, once the garnishee applies for that relief. The garnishee should not have to defend the same dispute in two places at once.
Frequently Asked Questions
Can the defendant sue the garnishee separately while a garnishment action is still pending?
Not without a judge’s order. Section 812.20 bars the defendant or the defendant’s assignee from commencing an action against the garnishee on the garnisheed claim until the garnishment action terminates.
Can the defendant execute on an existing judgment against the garnishee while the garnishment is pending?
No, absent a judge’s order. Section 812.20 also stays execution of a judgment in the defendant’s favor against the garnishee until the garnishment action ends.
What if the defendant already started a separate action against the garnishee before this restriction was raised?
The garnishee can apply to the court or a judge, who must stay that action as to the garnishee.
Does this restriction apply to the defendant’s assignee too?
Yes. Section 812.20 applies the same restriction to an action commenced by the defendant’s assignee.
Is there any way around this restriction?
Yes. Section 812.20 allows a judge to order otherwise, permitting an action or execution against the garnishee even while the garnishment action is pending.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.20; 1993 a. 213.
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: stay of action against garnishee wisconsindefendant suing garnishee during garnishment wisconsinexecution against garnishee stayed wisconsinone dispute at a time garnishment rule