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 $.... AB296,13,2121a. Garnishment filing fee $.... AB296,13,2222b. Garnishee fee $.... AB296,13,2323c. Service of process (estimate) $.... AB296,14,3
1By law, you are entitled to an exemption of not less than 80% of your 2disposable earnings. Your “disposable earnings” are those remaining after social 3security and federal and state income taxes are withheld. AB296,14,44Your earnings are completely exempt from garnishment if: AB296,14,651. Your household income is below the federal poverty level. See the enclosed 6schedules and worksheet to determine if you qualify for this exemption. AB296,14,1272. You receive aid to families with dependent children, relief funded by a relief 8block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of 9the Wisconsin Statutes, medical assistance, supplemental security income, food 10stamps, or veterans benefits based on need under 38 USC 1501 to 1562 or section 1145.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 126 months. AB296,14,14133. At least 25% of your disposable earnings are assigned by court order for 14support. AB296,14,1715If the garnishment of 20% of your disposable income would result in the 16income of your household being below the poverty line, the garnishment is limited 17to the amount of your household’s income in excess of the poverty line. AB296,14,2118If you qualify for a complete exemption or for a limit on the amount of the 19garnishment to the amount that your household’s income exceeds the poverty line, 20you must give or mail a copy of the enclosed debtor’s answer form to the garnishee 21in order to receive that increased exemption. AB296,14,2322If your circumstances change while the garnishment is in effect, you may file a 23new answer at any time. AB296,15,5
1If you do not qualify for a complete exemption, but you will not be able to 2acquire the necessities of life for yourself and your dependents if your earnings are 3reduced by this earnings garnishment, you may ask the court in which this 4earnings garnishment was filed to increase your exemption or grant you other 5relief. AB296,15,66IF YOU NEED ASSISTANCE AB296,15,77CONSULT AN ATTORNEY AB296,15,138If you have earnings that are being garnisheed that are exempt or subject to a 9defense, the sooner you file your answer or seek relief from the court, the sooner 10such relief can be provided. This earnings garnishment affects your earnings in pay 11periods beginning within 13 weeks after it was served on the garnishee. You may 12agree in writing with the creditor to extend it for additional 13-week periods until 13the debt is paid. AB296,15,1715If you wrongly claim an exemption or defense in bad faith, or if the creditor 16wrongly objects to your claim in bad faith, the court may order the person who acted 17in bad faith to pay court costs, actual damages, and reasonable attorney fees. AB296,1618Section 16. Initial applicability. AB296,15,2019(1) This act first applies to an earnings garnishment proceeding commenced 20on the effective date of this subsection.
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