812.08 Judgment; bond.
(1) No judgment in the principal action shall be entered against the defendant for an amount in excess of the liability of the garnishee to the principal defendant, unless the defendant makes a general appearance or is personally served and defaults or unless the defendant appears without objecting to the jurisdiction of the court over his or her person. An in rem judgment shall not bar another action for any unpaid balance of the claim.
(2) No money shall be paid by the garnishee to the plaintiff to satisfy an in rem judgment within one year from entry of such judgment unless the plaintiff executes a bond or undertaking to the garnishee, to be filed in the garnishee action, for double the amount paid, or for double the value of the property delivered conditioned that if the principal defendant within one year from entry of judgment secures relief under s. 806.07, and, in due course prevails on the merits, the plaintiff will pay the amount or any part thereof found due to the principal defendant or to the garnishee defendant, as the court orders.
History: Sup. Ct. Order, 67 Wis. 2d 585, 759, 778 (1975); Stats. 1975 s. 812.08; 1993 a. 486.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
812.01 - Commencement of garnishment.
812.02 - Garnishment before and after judgment.
812.04 - Garnishment actions; how commenced; summons.
812.05 - Garnishee complaint before and after judgment; several garnishees.
812.06 - Garnishee fees, costs.
812.07 - Service on garnishee and defendant.
812.13 - Payments by garnishee; releases.
812.14 - Answer conclusive if no reply by plaintiff; procedure following reply.
812.15 - Defendant or garnishee may defend both actions.
812.16 - Principal action tried first; judgment.
812.18 - Liability of garnishee.
812.19 - Nonliability as garnishee; judgment when rendered.
812.20 - Action by defendant against garnishee stayed.
812.21 - Release of garnishment; bond.
812.32 - Earnings garnishment generally.
812.35 - Commencement of action.
812.40 - Stipulated extension.
812.405 - Garnishment of earnings to satisfy an order for restitution.
812.42 - Garnishment of earnings of public officers and employees.
812.43 - Retaliation by garnishee for earnings garnishment forbidden.