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and EARNINGS GARNISHMENT
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E.F., Garnishee
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To the debtor:
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The creditor was awarded a judgment against you or your spouse by .... (County
22Circuit or Federal District) Court on the .... day of ...., .... (year) That judgment not
23having been fully paid, the creditor has now filed a garnishment proceeding against
24your earnings from the garnishee. This means that the creditor is seeking to take
1some of your earnings to satisfy part or all of the judgment against you or your
2spouse.
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The total amount of the creditor's claim is as follows:
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Unpaid balance on judgment
$....
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Unpaid postjudgment interest
$....
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a. Garnishment filing fee
$....
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b. Garnishee fee
$....
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c. Service of process (estimate)
$....
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By law, you are entitled to an exemption of not less than 80% of your disposable
12earnings. Your “disposable earnings" are those remaining after social security and
13federal and state income taxes are withheld.
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Your earnings are completely exempt from garnishment if:
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1. Your household income is below the federal poverty level. See the enclosed
16schedules and worksheet to determine if you qualify for this exemption.
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2. You receive aid to families with dependent children, relief funded by a relief
18block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
19Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
1or veterans benefits based on need under
38 USC 501 to 562 38 USC 1501 to 1562 2or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within
3the past 6 months.
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3. At least 25% of your disposable earnings are assigned by court order for
5support.
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If the garnishment of 20% of your disposable income would result in the income
7of your household being below the poverty line, the garnishment is limited to the
8amount of your household's income in excess of the poverty line.
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If you qualify for a complete exemption or for a limit on the amount of the
10garnishment to the amount that your household's income exceeds the poverty line,
11you must give or mail a copy of the enclosed debtor's answer form to the garnishee
12in order to receive that increased exemption.
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If your circumstances change while the garnishment is in effect, you may file
14a new answer at any time.
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If you do not qualify for a complete exemption, but you will not be able to acquire
16the necessities of life for yourself and your dependents if your earnings are reduced
17by this earnings garnishment, you may ask the court in which this earnings
18garnishment was filed to increase your exemption or grant you other relief.
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IF YOU NEED ASSISTANCE
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CONSULT AN ATTORNEY
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If you have earnings that are being garnisheed that are exempt or subject to a
22defense, the sooner you file your answer or seek relief from the court, the sooner such
23relief can be provided. This earnings garnishment affects your earnings in pay
24periods beginning
within 13 weeks after it was served on the garnishee.
You may
1agree in writing with the creditor to extend it for additional 13-week periods until
2the debt is paid.
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If you wrongly claim an exemption or defense in bad faith, or if the creditor
5wrongly objects to your claim in bad faith, the court may order the person who acted
6in bad faith to pay court costs, actual damages and reasonable attorney fees.
AB476,11
7Section
11.
Initial applicability.
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(1) This act first applies to an earnings garnishment proceeding commenced on
9the effective date of this act.
