(1) The procedures in this subchapter govern the garnishment of earnings, regardless of the amount of the judgment debt. Except as otherwise provided in this subchapter, the general rules of practice and procedure in chs. 750 to 758 and 801 to 847 shall apply to actions under this subchapter. Section 799.06 (2) shall apply to actions under this subchapter.
812.31.Procedure.
Ch. 812: Garnishment · Last amended 1995 · Last verified July 15, 2026
In one sentenceSection 812.31 sets the ground rules for earnings garnishment actions of any size, applying the general civil procedure rules unless the subchapter says otherwise, fixing venue, restricting where the action can be filed, and requiring every filing to label each party as creditor, debtor, or garnishee.
Full Text of Section 812.31
(3) An earnings garnishment action may not be commenced in a county other than the county where the judgment is entered unless a transcript of the judgment is entered in that county.
(4) Each pleading or other document in an earnings garnishment proceeding shall designate each party as creditor, debtor or garnishee.
Official Notes
NOTE: 1993 Wis. Act 80 contains Judicial Council notes.
Plain-English Summary
Section 812.31 opens the earnings garnishment subchapter by establishing that its procedures govern earnings garnishment regardless of how large or small the underlying judgment debt is. Beyond what this subchapter specifically provides, the general rules of civil practice and procedure fill in the gaps, along with a specific small claims procedure provision that applies to these actions as well.
The section then locates where an earnings garnishment action belongs. Venue follows the general venue statute, treating the garnishee as a defendant for that statute’s purposes. But the section adds a stricter rule specific to earnings garnishment: the action cannot be commenced in a county other than where the judgment was entered, unless a transcript of that judgment has been entered in the county where the creditor wants to proceed.
Finally, the section imposes a labeling requirement that runs through every filing in an earnings garnishment case. Each pleading or other document must identify every party by their role, as creditor, debtor, or garnishee, rather than using the plaintiff and defendant labels typical of other civil actions.
Frequently Asked Questions
Does the size of the judgment debt affect whether these earnings garnishment procedures apply?
No. Section 812.31(1) says the procedures in this subchapter govern the garnishment of earnings regardless of the amount of the judgment debt.
What rules fill in gaps this subchapter does not address?
The general rules of civil practice and procedure apply, except where this subchapter provides otherwise, and a specific small claims procedure statute also applies to these actions.
Where can an earnings garnishment action be filed?
Venue follows the general venue statute, with the garnishee treated as a defendant, but Section 812.31(3) bars filing in a county other than where the judgment was entered unless a transcript of the judgment has been entered in that other county.
How are parties identified in earnings garnishment paperwork?
Section 812.31(4) requires every pleading or document to designate each party as creditor, debtor, or garnishee.
Is the garnishee treated as a defendant for venue purposes?
Yes. Section 812.31(2) specifies that the garnishee is deemed a defendant for purposes of the venue statute.
Amendment History
History: 1993 a. 80; 1995 a. 224.
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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