Unless permitted under any applicable collective bargaining agreement, a garnishee shall not impose any fee or take any adverse action against a debtor by reason of the garnishment of the debtor’s earnings. If a garnishee violates this section, the debtor may bring an action for reinstatement, back wages and benefits, restoration of seniority, other relief allowed by law and reasonable attorney fees incurred in bringing this action.
812.43.Retaliation by garnishee for earnings garnishment forbidden.
Ch. 812: Garnishment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 812.43 bars a garnishee from charging a fee or taking adverse action against a debtor because of an earnings garnishment, and lets a debtor sue for reinstatement, back pay, and attorney fees if the garnishee retaliates.
Full Text of Section 812.43
Official Notes
NOTE: 1993 Wis. Act 80 contains Judicial Council notes.
Plain-English Summary
An earnings garnishment can be an inconvenience for an employer acting as garnishee, but section 812.43 keeps that inconvenience from landing on the debtor’s job. Unless a collective bargaining agreement permits it, a garnishee cannot impose any fee on a debtor or take any adverse action against a debtor because the debtor’s earnings were garnished.
If a garnishee crosses that line, the debtor can bring an action for reinstatement, back wages and benefits, restoration of seniority, and any other relief the law allows, plus reasonable attorney fees incurred in bringing the action. The remedy is aimed squarely at putting the debtor back where they would have been had the retaliation never happened.
Frequently Asked Questions
Can my employer fire me because my wages were garnished?
Not unless an applicable collective bargaining agreement permits it. Section 812.43 otherwise bars a garnishee from taking adverse action against a debtor because of a garnishment.
Can the garnishee charge me a fee for processing the garnishment?
No, unless a collective bargaining agreement permits it. Imposing a fee on the debtor for the garnishment is otherwise prohibited.
What can I do if my employer retaliates against me over a wage garnishment?
You can bring an action for reinstatement, back wages and benefits, restoration of seniority, other relief allowed by law, and reasonable attorney fees for bringing the action.
Does the available relief include getting my seniority back?
Yes. Restoration of seniority is listed among the relief available to a debtor who was retaliated against.
Is there any exception to the anti-retaliation rule?
Yes. It does not apply if the adverse action or fee is permitted under an applicable collective bargaining agreement.
Amendment History
History: 1993 a. 80.
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 retaliation protectioncan employer fire me for wage garnishment wisconsingarnishee adverse action wisconsinwisconsin garnishment employee protection