In case of a trial of an issue between the plaintiff and any garnishee, the prevailing party shall recover taxable costs.
812.22.Costs.
Ch. 812: Garnishment · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 812.22 gives the prevailing party taxable costs whenever the plaintiff and a garnishee try a disputed issue against each other in a garnishment action, regardless of which side comes out ahead.
Full Text of Section 812.22
Plain-English Summary
Section 812.22 is a short costs rule tied to the trial of a garnishment issue. When the plaintiff and a garnishee try an issue between them, whichever side prevails recovers taxable costs. The rule is symmetrical: it does not favor the plaintiff or the garnishee by default, but follows the outcome of the trial instead.
This gives both sides a reason to think carefully before pushing a disputed garnishee answer to trial. A garnishee confident in its disclosure, or a plaintiff confident it can prove the garnishee owes more than disclosed, stands to recover costs for being right; the losing side pays them.
Frequently Asked Questions
Who pays costs when the plaintiff and garnishee go to trial over a garnishment issue?
Section 812.22 awards taxable costs to the prevailing party in that trial, whichever side that turns out to be.
Does this rule favor the plaintiff over the garnishee, or the other way around?
No. The section applies evenly, giving costs to whichever party prevails.
Does this section apply if the garnishee’s answer is accepted without a trial?
The section speaks specifically to a trial of an issue between the plaintiff and a garnishee, so it applies once that trial occurs.
What kind of costs does the prevailing party recover?
Taxable costs, the category of litigation expenses the statutes allow to be assessed against the losing party.
Does this costs rule apply to a dispute between the plaintiff and the defendant instead of the garnishee?
No. Section 812.22 is limited by its own terms to a trial of an issue between the plaintiff and a garnishee.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.22.
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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