How to Serve Garnishment Papers in Wisconsin

Service Is What Makes Garnishment Work

Filing garnishment paperwork with the Clerk of Circuit Court starts the process, but service is what gives it legal force. Until the garnishee (the employer or bank) is properly served, they have no obligation to withhold or freeze anything. Serving the debtor triggers their right to claim exemptions. Skip either, and the garnishment fails.

Earnings Garnishment Service

For wage garnishment under Chapter 812, Subchapter II, the sequence is:

1. File Form CV-421 (Earnings Garnishment Notice) with the clerk and pay the $121 filing fee under Wis. Stat. § 814.62(1). The clerk issues Form CV-422.
2. Serve the employer with Form CV-422 within 60 days of filing and tender the $15 garnishee fee required by Wis. Stat. § 812.33(1)
3. Serve the debtor with Forms CV-422 and CV-424 and the Poverty Line Exemption Schedules within 7 business days after serving the employer and at least 3 business days before the payday of the first affected pay period

The employer must be served before they're obligated to withhold earnings. Withholding can be up to 20% of disposable earnings for 13 weeks from service on the employer, subject to applicable exemptions.

Non-Earnings Garnishment Service

Bank account garnishment under Chapter 812, Subchapter I follows a different form set:

1. File Form SC-301/CV-301 (Summons and Complaint in Garnishment) with the clerk
2. Serve the financial institution with the garnishment summons and complaint
3. Serve the debtor within 10 days of bank service with a copy of the summons and Form CV-303 (Debtor's Answer)

Upon service, the bank freezes the account and files its Garnishee Answer (CV-302) disclosing what funds it holds.

Who Can Serve

Wisconsin allows service by the county sheriff or by a private process server who is at least 18 years old and not a party to the action. For garnishment papers specifically:

• Sheriff service provides an official return of service filed with the court, which is the most straightforward proof of service
• Private process server service requires the server to complete an Affidavit of Service documenting the date, time, method, and person served

You cannot serve garnishment papers yourself if you are the judgment creditor. The server must be a disinterested third party.

Service Deadlines and Timing

Timing matters for garnishment effectiveness. For earnings garnishment, the debtor must be served at least 3 business days before the payday of the first affected pay period. If service falls too close to a payday, a later pay period may be the first one affected.

For bank account garnishment, serve the bank when you expect the account to have funds. If the debtor receives regular deposits (payroll, rent payments), time service shortly after a deposit date.

The debtor's right to claim exemptions follows service. For earnings garnishment, Wis. Stat. § 812.34 protects at least 80% of disposable earnings and provides for full exemption in specified circumstances; a debtor who delivers Form CV-424 claiming an exemption within 20 days of service triggers an expedited court hearing. For bank garnishment, the bank must automatically protect qualifying federal benefit payments directly deposited during the prior two months under 31 CFR Part 212.

When Service Fails

If the sheriff or process server cannot locate the employer or financial institution at the address you provided, the service attempt fails and you'll need to locate the correct address. CCAP records, the financial disclosure statement (Form SC-506B), and Wisconsin Department of Financial Institutions records can help identify current addresses.

If the debtor cannot be served, follow the official instructions for that garnishment type and its statutory deadline: 7 business days after employer service for earnings garnishment or 10 days after bank service for non-earnings garnishment.

The Wisconsin judgment collection guide includes service checklists for each enforcement tool, covering who to serve, what to serve, and how to document proof of service.

See more Wisconsin guides →