Wisconsin Statutes 812.02 – Garnishment before and after judgment
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Terms Used In Wisconsin Statutes 812.02
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Plaintiff: as used in this subchapter includes a judgment creditor and "defendant" a judgment debtor or the spouse or former spouse of a judgment debtor if the judgment is rendered in connection with an obligation described under…. See Wisconsin Statutes 812.01
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Summons: Another word for subpoena used by the criminal justice system.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) A plaintiff may commence a garnishment action at any time after:
(a) A summons and complaint are filed:
1. In an action for damages founded upon contract, express or implied (or in a contract action where a writ of attachment could issue on demands not yet due under s. 811.03 (3)).
2. In an action upon a judgment.
3. In a tort action where a writ of attachment could issue under s. 811.03 (2).
(b) An execution upon an in personam judgment is issuable.
(2)
(b) If the plaintiff in the principal action is unable to obtain personal service on a defendant and has filed the summons and return of service from the sheriff with the clerk of court, the judge of the court in which the principal action is pending may grant an order permitting the plaintiff to make substituted service on the defendant’s employer if the plaintiff shows:
1. The defendant’s present place of employment; and
2. That a cause of action exists; and
3. That a reasonable effort has been made to obtain personal service on the defendant.
(c) Before taking judgment in an action commenced under par. (b), the plaintiff shall present an affidavit from the defendant’s employer stating that the defendant received the summons of that action.
(2e) A plaintiff may not commence any garnishment action affecting the property of a spouse who is not a defendant in the principal action unless the spouse is a defendant in the garnishment action.
(2m) Any garnishment action shall be subject to the limitations of s. 806.25.
(3) The plaintiff may, in like manner, subsequently proceed against other garnishees and, if the plaintiff has reason to believe they have subsequently become liable, against the same garnishee more than once.