816.03.Debtor may be compelled to answer as to property.

Section 816.03 opens Wisconsin’s supplementary proceedings — the post-judgment tool creditors use to find out what a debtor owns. It applies in three situations: an execution against the debtor’s property has, within five years, come back unsatisfied in whole or in part; the officer holding the execution certifies being unable to find enough property to levy on; or the judgment creditor shows by affidavit that the debtor has property being unlawfully withheld from satisfying the judgment. In any of those situations, the court or a judge in the county where the execution issued must, on the creditor’s motion, order the debtor — individual, firm, corporation, or other association — to appear at a specified time and place and answer questions about the debtor’s property. A supplemental court commissioner can issue that same kind of order on the creditor’s application, as an alternative to going through the court.

The section also addresses overlap with other collection efforts. Having garnishee proceedings underway, or property already levied on under a second execution, does not by itself block a proceeding under this section. But if the court or judge overseeing those other proceedings is satisfied that the levied or garnisheed property will be enough to cover the judgment and costs, the debtor examination proceeding may be dismissed, or adjourned until after the execution sale or the garnishment case wraps up.