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If you have earnings that are being garnisheed that are exempt or subject to a
6defense, the sooner you file your answer or seek relief from the court, the sooner such
7relief can be provided. This earnings garnishment affects your earnings in pay
8periods beginning within 13 weeks after it was served on the garnishee. You may
9agree in writing with the creditor to extend it for additional 13-week periods until
10the debt is paid.
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If you wrongly claim an exemption or defense in bad faith, or if the creditor
13wrongly objects to your claim in bad faith, the court may order the person who acted
14in bad faith to pay court costs, actual damages and reasonable attorney fees.
AB346, s. 4
15Section
4. 812.44 (5) (form) of the statutes is amended to read:
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812.44
(5) (form)
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STATE OF WISCONSIN
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CIRCUIT COURT:.... County
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A.B., Creditor
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vs. File or Reference Number....
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C.D., Debtor EARNINGS GARNISHMENT
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and DEBTOR'S ANSWER
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E.F., Garnishee
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To the garnishee:
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My earnings are COMPLETELY EXEMPT from earnings garnishment because:
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... 1. The judgment has been paid or is void.
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... 2.
(5) (form) paragraph 2. I receive, am eligible for, or have within 6 months
6received, aid to families with dependent children, relief funded by a relief block grant
7under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin
8Statutes, medical assistance, supplemental security income, food stamps, or
9veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of the
10Wisconsin Statutes.
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... 3. At least 25% of my disposable earnings are assigned for support by court order.
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... 4. My household income is less than the poverty line, or this garnishment would
13cause that to happen.
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14... 4m. I am an unemancipated minor and the judgment that the creditor is seeking
15to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge
16entered by the juvenile court under section 895.035 (2m) (a) or (b) of the Wisconsin
17Statutes.
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... 5. I have another defense to this earnings garnishment (explain briefly).
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I understand that if I claim a complete exemption or defense in bad faith, I may
22be held liable to the creditor for actual damages, costs and reasonable attorney fees.
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DATE .... Signature of Debtor ....
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Address ....
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Telephone Number ....
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1Date Received by Garnishee ....
