812.37.Debtor’s answer.
Ch. 812: Garnishment · Last amended 2003 · Last verified July 15, 2026
Full Text of Section 812.37
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.