812.24.Penalties.
Ch. 812: Garnishment · Last amended 1977 · Last verified July 15, 2026
Full Text of Section 812.24
Plain-English Summary
Section 812.24 backs up two of the subchapter’s procedural restrictions with a penalty. A creditor who violates Section 812.01(3), which limits who may commence a garnishment action on someone’s own behalf versus through a licensed attorney, or who violates Section 812.02(2), which governs the notice and affidavit requirements tied to substituted service on an employer, forfeits an amount up to $100. That forfeiture does not go to the plaintiff or the defendant; it is paid to the county treasurer.
The section also streamlines how that penalty gets enforced. Rather than requiring a separate lawsuit to collect the forfeiture, it gives the court already hearing the garnishment action summary jurisdiction under this section, letting that same court address the violation directly.
Frequently Asked Questions
What happens if a creditor commences a garnishment action without following the rules on who may bring it?
Section 812.24(1) exposes the creditor to a forfeiture of not more than $100 for violating Section 812.01(3).
Who receives the money from this forfeiture?
The county treasurer, not the plaintiff or the defendant in the case.
Does violating the substituted-service rules also trigger this penalty?
Yes. Section 812.24(1) applies the same forfeiture to a violation of Section 812.02(2).
Does the penalty require a separate lawsuit to enforce?
No. Section 812.24(2) gives the court before which the garnishment action is pending summary jurisdiction under this section, so it can address the violation without a separate proceeding.
Is the forfeiture a fixed amount?
No. Section 812.24(1) caps the forfeiture at $100 but does not fix a mandatory exact amount below that ceiling.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975), 779; Stats. 1975 s. 812.24; 1977 c. 203.