RulesofCivilProcedure.com Civil Procedure · Every State

812.38.Judicial hearing.

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

In one sentenceSection 812.38 lets a creditor formally object to a debtor’s garnishment answer, lets a debtor petition the court when the standard exemption leaves too little to live on, and sets deadlines and bad-faith penalties for the hearing that follows.

Full Text of Section 812.38

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

(1) (a) The creditor may file with the court a motion for a hearing and a written objection to the debtor’s answer. (b) The debtor may file with the court a written petition for relief from the earnings garnishment if the exemption percentage under s. 812.34 (2) (a) is insufficient for the debtor to acquire the necessities of life for the debtor and his or her dependents. The petition shall state with reasonable specificity the grounds for the relief requested and shall include any additional information necessary to support the petition. (c) Any party to the earnings garnishment may move the court to order any other party to comply with the provisions of this subchapter, or for other equitable relief.
(2) A motion or petition under sub. (1) may be made at any time during the pendency of the earnings garnishment. Within 5 business days after a motion or petition is filed under sub. (1), the court shall schedule the matter for a hearing to be held as promptly as practicable. The court shall notify the parties of the time and place of the hearing. Upon conclusion of the hearing, the court shall make findings of fact and conclusions of law. The court shall make such order as required by these findings and conclusions. If the order permits the garnishment to proceed, the date on which the order is served upon the garnishee shall substitute for the original date of service of the garnishment upon the garnishee under s. 812.35 (3) for the purpose of determining any 13-week period under s. 812.35 (5) or (6). A court order shall bind the garnishee from the time the order is served upon him or her.
(3) (a) If the court finds that the debtor’s answer was asserted in bad faith, the court shall award the creditor actual damages, costs and reasonable attorney fees resulting from the additional proceedings. (b) If the court finds that the creditor objected to the debtor’s answer in bad faith, the court shall award the debtor actual damages, costs and reasonable attorney fees resulting from the additional proceedings. (c) The court may order judgment for damages, costs and attorney fees assessed under this subsection. If the party in whose favor an attorney fee award is made is not indebted to his or her attorney for fees, the court shall award the attorney fee directly to the attorney and enter judgment in favor of the attorney. Upon motion of any party in interest, on notice, the court may make any order necessary to protect the rights of those interested.

Official Notes

NOTE: 1993 Wis. Act 80 contains Judicial Council notes.

Plain-English Summary

Section 812.38 gives both sides of an earnings garnishment a way into court once the debtor has answered. A creditor who disagrees with the answer can file a motion for a hearing along with a written objection. A debtor whose exemption under section 812.34 (2) (a) is not enough to cover the necessities of life for the debtor and any dependents can file a written petition for relief, stating with reasonable specificity why more relief is needed and including whatever information supports that request. Either party can also move the court to order the other side to comply with the garnishment subchapter or to grant other equitable relief.

Timing matters here. A motion or petition can be filed at any point while the garnishment is pending, and the court must schedule a hearing within five business days, holding it as promptly as practicable, with notice to the parties of the time and place. After the hearing, the court makes findings of fact and conclusions of law and enters whatever order those findings require. If the order lets the garnishment continue, the date it is served on the garnishee substitutes for the original service date when counting any 13-week period, and the order binds the garnishee from the moment of service.

Section 812.38 also builds in a deterrent against gaming the process. If the court finds the debtor’s answer was asserted in bad faith, it must award the creditor actual damages, costs, and reasonable attorney fees from the extra proceedings. If the court instead finds the creditor objected in bad faith, the debtor gets the same kind of award. The court can enter judgment for those amounts, and if the winning party does not owe their own attorney a fee, the court awards the fee straight to the attorney and enters judgment in the attorney’s favor.

Frequently Asked Questions

What can a creditor do if it disagrees with my garnishment answer?

Section 812.38 lets the creditor file a motion for a hearing along with a written objection to the debtor’s answer.

Can I ask the court for more relief if the standard exemption still leaves me short on necessities?

Yes. You can file a written petition under section 812.38 stating with reasonable specificity why the exemption percentage under section 812.34 (2) (a) is not enough for you and your dependents.

How quickly will the court schedule a hearing once a motion or petition is filed?

Within five business days after the motion or petition is filed, and the hearing itself must be held as promptly as practicable.

What happens if I claimed an exemption I knew was false?

If the court finds your answer was asserted in bad faith, it must award the creditor actual damages, costs, and reasonable attorney fees resulting from the additional proceedings.

What if the creditor objects to my answer in bad faith?

The court must award you actual damages, costs, and reasonable attorney fees, the same remedy available to a creditor facing a bad-faith answer.

Amendment History

History: 1993 a. 80; 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 garnishment hearingpetition for relief earnings garnishment wisconsinbad faith garnishment objection wisconsinwisconsin garnishment court hearing deadline