Written by attorney Nick Passe

Are funds in my bank account ("depository account") exempt from garnishment and execution in WI?

So you have a judgment against you and you are concerned about a creditor trying to garnish your bank account. In Wisconsin, depository accounts are exempt from garnishment and exemptions but only to the extent those accounts are used for personal use (as opposed to business use) and only to up to a total (from all accounts combined) of $5,000. The relevant Wisconsin Statute is 815.18(3)(k). You will want to speak to an attorney about how this statute might be applied in your individual circumstances if your accounts are not used exclusively for business purposes or personal purposes. Garnishees need to be careful about obeying the Wisconsin statutes too and should consult with an attorney about their duties when an account is not clearly exclusively used for business purposes or personal purposes. This guide is not intended to be legal advice and you should always consult with an attorney before making any important legal decision. No attorney/client privilege is created by this guide.

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