RulesofCivilProcedure.com Civil Procedure · Every State

812.37.Debtor’s answer.

Ch. 812: Garnishment · Last amended 2003 · Last verified July 15, 2026

In one sentenceSection 812.37 lets a debtor claim an exemption or raise a defense to an earnings garnishment by completing and delivering an answer form to the garnishee, and it tells the garnishee how quickly to notify the creditor and how to treat that answer until a court says otherwise.

Full Text of Section 812.37

Text sizeJump to: (1) (2) (3)

(1) Except as provided in s. 812.34 (1), the debtor may claim an exemption under s. 812.34 (2) (b) or a limit to the garnishment under s. 812.34 (2) (c), or may assert any defense to the earnings garnishment, by completing the answer form and delivering or mailing it to the garnishee. The debtor or debtor’s spouse may file an answer or an amended answer at any time before or during the effective period of the earnings garnishment.
(2) Whenever the garnishee receives a debtor’s answer or amended answer, the garnishee shall mail a copy of the answer to the creditor by the end of the 3rd business day after receiving the debtor’s answer, writing on that copy the date of receipt of the answer by the garnishee.
(3) Unless served with an order of the court directing otherwise, in determining whether to pay any part of the debtor’s earnings to the creditor, the garnishee shall accept as true and binding any exemption claimed in the debtor’s answer or any amended answer received before payment is made to the creditor under s. 812.39 (1).

Official Notes

NOTE: 1993 Wis. Act 80 contains Judicial Council notes. When sub. (3) is read in isolation, it appears to imply that, although a garnishee is bound by an exemption claimed in an answer until the court rules on the exemption, the garnishee is free to disregard any defenses to the garnishment that are asserted in the answer. However, the official form embodied in s. 812.44 (3) clearly states that a garnishee is bound by both exemptions and defenses. When these provisions of the garnishment statute are read together, it appears that the garnishee is required to accept both exemptions and defenses as true pending a court ruling on the answer. Whitehead v. Discover Bank, 118 F. Supp. 3d 1111 (2015).

Plain-English Summary

Once a creditor starts an earnings garnishment against a debtor’s wages, the debtor’s main tool for pushing back is the answer form described in section 812.37. The debtor completes it and delivers or mails it to the garnishee — typically the employer — to claim an exemption under section 812.34 (2) (b), a limit on the garnishment under section 812.34 (2) (c), or any other defense to the garnishment itself. Either the debtor or the debtor’s spouse can file that answer, or an amended answer, at any point before or during the garnishment’s effective period, so a change in circumstances does not lock a debtor out of relief.

The garnishee has its own deadline once an answer arrives. By the end of the third business day after receiving a debtor’s answer or amended answer, the garnishee must mail a copy to the creditor, writing the date of receipt directly on that copy. That paper trail matters later, because it fixes when the creditor was on notice of the debtor’s claim.

Between the answer and any court ruling, section 812.37 puts the garnishee in a holding pattern. Unless a court order says otherwise, the garnishee must accept as true and binding any exemption claimed in an answer or amended answer received before payment is sent to the creditor under section 812.39 (1). The garnishee is not asked to referee whether the exemption is valid — it defers to the debtor’s claim until a judge intervenes.

Frequently Asked Questions

What can I claim on the earnings garnishment debtor’s answer form?

Section 812.37 lets you claim an exemption under section 812.34 (2) (b), a limit on the garnishment under section 812.34 (2) (c), or any other defense you have to the garnishment.

How do I submit my answer to a wage garnishment?

You complete the answer form and deliver or mail it to the garnishee — the party holding your earnings, usually your employer — rather than filing it with the court first.

Can I file an amended answer if my situation changes partway through the garnishment?

Yes. Section 812.37 allows the debtor or the debtor’s spouse to file an answer or an amended answer at any time before or during the effective period of the earnings garnishment.

Does the garnishee decide whether my exemption claim is valid?

No. Unless a court has ordered otherwise, the garnishee must accept any exemption claimed in your answer as true and binding, and cannot pay that portion to the creditor before a court rules.

How fast does the garnishee have to tell my creditor that I filed an answer?

The garnishee must mail a copy of your answer to the creditor by the end of the third business day after receiving it, and must write the date of receipt on the copy sent to the creditor.

Amendment History

History: 1993 a. 80; 1997 a. 291; 2003 a. 138.

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: wisconsin earnings garnishment debtor answerhow to claim garnishment exemption wisconsinwisconsin garnishee answer deadlinedebtor’s answer form wisconsin garnishmentwisconsin wage garnishment exemption claim