AB296,86Section 8. 812.39 (2) (b) of the statutes is created to read: AB296,5,107812.39 (2) (b) If an earnings garnishment is in effect for a debtor whose 8earnings are subject to assignment under s. 767.75, the garnishee shall, if the 9amount assigned under s. 767.75 is less than 25 percent of the debtor’s disposable 10earnings, do all of the following: AB296,5,12111. Determine the difference between 25 percent of the debtor’s disposable 12income and the sum of the following: AB296,5,1313a. The amount assigned under s. 767.75. AB296,5,1514b. The amount, if any, to be garnisheed to satisfy an order for restitution 15under s. 973.20 (1r). AB296,5,17162. If the difference determined under subd. 1. is less than 25 percent of the 17debtor’s disposable income, pay the difference under subd. 1. to the creditor. AB296,5,20183. If the difference determined under subd. 1. is 25 percent or more of the 19debtor’s disposable income, notify the creditor and the court under s. 812.35 (5) 20within 7 business days after making that determination. AB296,921Section 9. 812.39 (2m) of the statutes is created to read: AB296,6,622812.39 (2m) (a) Court-ordered garnishment of the debtor’s earnings to satisfy 23an order for restitution under s. 973.20 (1r), regardless of the date the garnishee
1first receives notice of the court-ordered garnishment, takes priority over an 2earnings garnishment under this subchapter. Subject to sub. (2), and except as 3provided in pars. (b) and (c), if the debtor’s earnings are subject to garnishment 4under s. 973.20 (1r), the creditor shall not be entitled to an amount greater than 20 5percent of the debtor’s disposable earnings less the amount to be garnisheed 6pursuant to court order under s. 973.20 (1r). AB296,6,97(b) If an earnings garnishment is in effect for a debtor who owes restitution 8under s. 973.20 (1r), the garnishee shall, subject to sub. (2) and except as provided 9in par. (c), do all of the following: AB296,6,12101. Determine the difference between 20 percent of the debtor’s disposable 11income and the amount to be garnisheed to satisfy an order for restitution under s. 12973.20 (1r). AB296,6,13132. Pay the creditor the amount determined under subd. 1. AB296,6,1714(c) If the garnishee determines that the amount to be garnisheed pursuant to 15court order under s. 973.20 (1r) is equal to or greater than 20 percent of the debtor’s 16disposable earnings, the garnishee shall notify the creditor and the court under s. 17812.35 (5) within 7 business days after making that determination. AB296,1018Section 10. 812.395 of the statutes is created to read: AB296,6,2219812.395 Garnishment of earnings remains in effect; notices to debtor. 20(1) A garnishment of earnings payable to a debtor, including a debtor who owes 21victim restitution ordered under s. 973.20 (1r), remains valid and effective until the 22judgment is satisfied, unless sooner terminated by order of the court. AB296,7,623(2) For a garnishment of earnings that extends beyond a 13-week period,
1following the first 13-week period the creditor shall, at least 3 business days before 2the payday of the first pay period of each subsequent 13-week period during the 3effective period of a garnishment and until the judgment is satisfied or the 4garnishment is terminated by order of the court, serve the earnings garnishment 5form issued by the clerk of courts under s. 812.35 (2) upon the debtor by one of the 6following means: AB296,7,77(a) First class mail. AB296,7,88(b) Certified mail, return receipt requested. AB296,7,109(c) Any means permissible for the service of a summons in a civil action, other 10than publication. AB296,7,1511(3) No later than 180 days after an earnings garnishment proceeding is 12commenced, and every 180 days thereafter until the judgment is satisfied, the 13garnishment is terminated by order of the court, or 5 years has elapsed since the 14garnishment takes effect, whichever occurs first, the creditor shall send to the 15debtor by first class mail to the debtor’s last known address all of the following: AB296,7,1816(a) An exemption notice that is substantially in the form of the notice under s. 17812.44 (4) but that omits the information regarding the total amount of the 18creditor’s claim. AB296,7,1919(b) An answer form under s. 812.44 (5). AB296,7,2020(c) The schedules and worksheets adopted under s. 812.34 (3). AB296,1121Section 11. 812.40 of the statutes is repealed. AB296,1222Section 12. 812.405 of the statutes is repealed. AB296,1323Section 13. 812.42 (2) (b) of the statutes is repealed. AB296,1424Section 14. 812.44 (3) of the statutes is amended to read: AB296,8,2
1812.44 (3) The earnings garnishment form issued by the clerk under s. 812.35 2(2) shall be in substantially the following form: AB296,8,33STATE OF WISCONSIN AB296,8,44CIRCUIT COURT: .... County AB296,8,77vs. File or Reference Number .... AB296,8,88C.D., Debtor EARNINGS AB296,8,99and GARNISHMENT AB296,8,1010E.F., Garnishee AB296,8,1212THE STATE OF WISCONSIN, To the garnishee: AB296,8,1413The creditor has been awarded a court judgment that has not been paid. As a 14result, the creditor claims that a total of $.... is owed by the debtor, as follows: AB296,8,1515A. Unpaid balance on judgment $.... AB296,8,1616B. Unpaid postjudgment interest $.... AB296,8,1717C. Costs of this earnings garnishment AB296,8,1818(estimated) $.... AB296,8,2220The creditor believes that you will owe the debtor for earnings within the next 2113 weeks. after the date on which you receive this form. The address last known to 22the creditor of the debtor is as follows: AB296,8,2323Address: .... AB296,9,224If that information is not consistent with your records, notify the creditor in
1writing of the current address of the debtor in your records by the end of the 7th 2business day after receiving this form. AB296,9,43If the $15 fee is tendered with these papers, you are directed by the court to do 4the following: AB296,9,55DETERMINE WHETHER YOU WILL AB296,9,66OWE THE DEBTOR EARNINGS AB296,9,971. Determine if you are likely to owe the debtor for earnings in pay periods 8beginning within the next 13 weeks earned on or after the date on which you receive 9this form. AB296,9,13102. If you are not likely to owe the debtor for earnings in pay periods beginning 11within the next 13 weeks earned on or after the date on which you receive this form, 12send a statement stating that fact to the creditor by the end of the 7th business day 13after receiving the earnings garnishment forms. AB296,9,1414IF THE DEBTOR SENDS YOU AN ANSWER AB296,9,18153. Whenever you receive a debtor’s answer form from the debtor, mail a copy of 16the answer form to the creditor by the end of the 3rd business day after receipt of 17that form. Include the date you received the answer form on the copy sent to the 18creditor. AB296,9,21194. If the debtor’s answer form claims a complete exemption or defense, do not 20withhold or pay to the creditor any part of the debtor’s earnings under this 21garnishment unless you receive an order of the court directing you to do so. AB296,9,2222MULTIPLE EARNINGS GARNISHMENTS AB296,9,23235. If the debtor’s earnings are already being garnisheed when you receive this
1earnings garnishment, place this earnings garnishment into effect the pay period 2after the last of any prior earnings garnishments terminates. Notify the debtor of 3the amount of the garnishment and notify the creditor of the amount owed on the 4pending garnishments by the end of the 7th business day after you receive these 5forms. If there are no prior pending earnings garnishments against the debtor’s 6earnings, place this earnings garnishment into effect the pay period after you 7receive it. AB296,10,88EARNINGS GARNISHMENTS AB296,10,99LAST 13 WEEKS, EXCEPT AB296,10,1010FOR PUBLIC EMPLOYEES AND AB296,10,1111EXCEPT FOR GARNISHMENTS TO AB296,10,1212SATISFY AN ORDER FOR VICTIM AB296,10,1313RESTITUTION REMAIN IN EFFECT AB296,10,1414UNTIL THE JUDGMENT IS SATISFIED AB296,11,2156. The garnishment of the earnings of employees of the state of Wisconsin and 16its political subdivisions, and a garnishment to satisfy an order for victim 17restitution under s. 973.20 (1r) for victim restitution remains in effect until the 18judgment is satisfied. The garnishment of earnings of other employees will affect 19the debtor’s earnings for all pay periods beginning within 13 weeks after you 20receive it, unless the debtor’s earnings are already being garnisheed. If this 21earnings garnishment is delayed under paragraph 5, above, it will affect the 22debtor’s earnings for all pay periods beginning within 13 weeks after the first day of 23the pay period that you put this earnings garnishment into effect. If the amount
1claimed by the creditor is fully paid before the end of the 13 weeks, this earnings 2garnishment will terminate at that point. AB296,11,33PAYING THE CREDITOR AB296,11,647. Between 5 and 10 business days after each payday of a pay period affected 5by this earnings garnishment, pay the creditor 20% of the debtor’s disposable 6earnings for that pay period. Payment is complete upon mailing. AB296,11,77EFFECT OF COURT-ORDERED AB296,11,88ASSIGNMENTS FOR SUPPORT AB296,11,2298. If the debtor has assigned his or her the debtor’s earnings for support by 10court order, those support payments take priority over this earnings garnishment 11and a garnishment to satisfy an order for restitution under s. 973.20 (1r). If 25% or 12more of the debtor’s disposable earnings is assigned for support by court order, do 13not pay any part of the debtor’s earnings to the creditor. Instead, send the creditor 14a statement of that fact by the end of the 7th business day after you receive these 15forms. If less than 25% of the debtor’s disposable earnings is assigned for support 16by court order, the amount the creditor must be paid is reduced so that the total of 17earnings assigned and garnisheed, earnings garnisheed to satisfy an order for 18restitution under s. 973.20 (1r), and this wage garnishment does not exceed 25% of 19the debtor’s disposable earnings. Determine the amount the creditor must be paid 20by subtracting from 25% of the debtor’s disposable earnings the sum of the amount 21assigned for support by court order and the amount garnisheed to satisfy an order 22for restitution, if any. AB296,11,2323EXTENSIONS EFFECT OF A GARNISHMENT AB296,12,1
1TO SATISFY AN ORDER FOR RESTITUTION AB296,12,2029. The debtor and creditor may agree in writing to extend this earnings 3garnishment for additional pay periods beginning within 13 weeks after this 4earnings garnishment would otherwise terminate. If you receive a written 5extension stipulation, and an additional garnishee fee for each extension, you must 6honor it unless a different garnishment against this debtor’s earnings is served 7upon you before the extension takes effect. In that case, the extension is void and 8you must return the extension fee to the party who paid it to you If the earnings 9payable to a debtor who owes restitution under a court order are being garnisheed 10to satisfy that order for restitution, those restitution payments take priority over 11this earnings garnishment. If 20% or more of the debtor’s disposable earnings is 12being garnisheed to satisfy an order for restitution, do not pay any part of the 13debtor’s earnings to the creditor. Instead, send the creditor a statement of that fact 14by the end of the 7th business day after you receive these forms. If less than 20% of 15the debtor’s disposable earnings is being garnisheed to satisfy an order for 16restitution, the amount the creditor must be paid is reduced so that the total of 17earnings garnisheed for restitution and garnisheed under this earnings 18garnishment does not exceed 20% of the debtor’s disposable earnings. Determine 19the amount the creditor must be paid by subtracting from 20% of the debtor’s 20disposable earnings the amount being garnisheed to satisfy an order for restitution. AB296,1521Section 15. 812.44 (4) of the statutes is amended to read: AB296,12,2322812.44 (4) The notice of exemption served upon the garnishee debtor under s. 23812.35 (4) shall be in substantially the following form: AB296,13,1
1STATE OF WISCONSIN AB296,13,22CIRCUIT COURT: .... County AB296,13,44A.B., Creditor AB296,13,55vs. File or Reference Number .... AB296,13,66C.D., Debtor EXEMPTION NOTICE AB296,13,77and EARNINGS GARNISHMENT AB296,13,88E.F., Garnishee AB296,13,1010To the debtor: AB296,13,1611The creditor was awarded a judgment against you or your spouse by .... 12(County Circuit or Federal District) Court on the .... day of ...., .... (year). That 13judgment not having been fully paid, the creditor has now filed a garnishment 14proceeding against your earnings from the garnishee. This means that the creditor 15is seeking to take some of your earnings to satisfy part or all of the judgment 16against you or your spouse. AB296,13,1717The total amount of the creditor’s claim is as follows: AB296,13,1818Unpaid balance on judgment $.... AB296,13,1919Unpaid postjudgment interest $....
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