AB735: Bill Text

AB735,21,9 812.04 (2) The garnishee summons shall be substantially in the following form:

AB735,21,10 STATE OF WISCONSIN

AB735,21,11 .... COURT

AB735,21,12 .... COUNTY

AB735,21,13 A. B., Plaintiff

AB735,21,14 vs.

AB735,21,15 C. D., Defendant

AB735,21,16 and

AB735,21,17 E. F., Garnishee

AB735,21,18 The State of Wisconsin, to the garnishee:

AB735,21,22 You are hereby summoned, as garnishee of the defendant, C. D., and required, within 20 days after the service of this summons and the annexed complaint upon you, exclusive of the day of service, to answer, whether you are indebted to or have in your possession or under your control any property belonging to the defendant.

AB735,22,15 IF YOU ARE INDEBTED TO THE DEFENDANT FOR PAYMENT FOR THE SALE OF AGRICULTURAL PRODUCTS, YOU ARE ORDERED TO PAY THE PRESCRIBED AMOUNT TO THE DEFENDANT. YOU ARE ORDERED TO RETAIN FROM THE BALANCE THE AMOUNT OF THE PLAINTIFF'S CLAIM AND DISBURSEMENTS, AS STATED IN THE ANNEXED COMPLAINT PENDING THE FURTHER ORDER OF THE COURT. ANY EXCESS INDEBTEDNESS SHALL NOT BE SUBJECT TO THE GARNISHMENT. IF YOU HAVE PROPERTY BELONGING TO THE DEFENDANT AND THE AMOUNT OF INDEBTEDNESS RETAINED IS LESS THAN THE AMOUNT CLAIMED AND DISBURSEMENTS, YOU ARE TO RETAIN THE PROPERTY PENDING THE FURTHER ORDER OF THE COURT, EXCEPT AS PROVIDED IN SECTION 812.18 (3) OF THE WISCONSIN STATUTES. THE AMOUNT RETAINED BY YOU FOR THE PLAINTIFF'S DISBURSEMENTS MAY NOT EXCEED $40, EXCEPT THAT IF THE PLAINTIFF IS THE STATE OR A POLITICAL SUBDIVISION OF THE STATE YOU SHALL RETAIN AS DISBURSEMENTS TO THE PLAINTIFF THE FULL AMOUNT OF NECESSARY DISBURSEMENTS AND FEES REQUESTED BY THE PLAINTIFF AS ALLOWED UNDER SECTION 814.04 (2) OF THE WISCONSIN STATUTES.

AB735,22,20 You are further required to serve a copy of your answer to the garnishee complaint on the undersigned attorney and to file your original answer with the clerk of this court, within the 20-day period. In case of your failure to answer, judgment will be entered against you for the amount of plaintiff's judgment against the defendant and costs, of which the defendant will also take notice.

AB735,22,25 If the property which is the subject of this garnishment action is the proceeds from the sale of crops, livestock, dairy products or another product grown or produced by a person or by his or her minor children, you must pay over to the principal defendant the appropriate amount under section 812.18 (2m) (b) of the Wisconsin Statutes.

AB735,23,1 Dated this .... day of ...., .... (year)

AB735,23,2 Clerk of .... Court

AB735,23,3 (Seal)

AB735,23,4 Attorney for Plaintiff:

AB735,23,5 ....

AB735,23,6 P. O. Address

AB735,23,7 ....

AB735,23,8 ....

AB735,41 Section 41 . 812.05 (1) of the statutes is amended to read:

AB735,23,20 812.05 (1) The garnishee complaint in a garnishment action before judgment must allege the existence of one of the grounds for garnishment mentioned in s. 812.02 (1) (a), the amount of the plaintiff's claim against the defendant and disbursements, not to exceed $40, above all offsets , known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control, other than earnings, as defined under s. 812.30 (7), belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff's knowledge and belief, not exempt from execution. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2).

AB735,42 Section 42 . 812.05 (2) of the statutes is amended to read:

AB735,24,8 812.05 (2) The garnishee complaint in a garnishment action after judgment must allege the existence of the grounds for garnishment mentioned in s. 812.02 (1) (b), and the name and location of the court, case number, if any, date of entry and amount of the judgment on which the garnishment action is based, the amount of the plaintiff's claim against the defendant and disbursements , not to exceed $40, above all offsets known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff's knowledge and belief, not exempt from execution. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2).

AB735,43 Section 43 . 812.13 (1) of the statutes is amended to read:

AB735,24,20 812.13 (1) If the answer shows a debt due to the defendant, the garnishee may pay the debt or an amount sufficient to cover the plaintiff's claim, as stated in the garnishee complaint and disbursements, not to exceed $40, to the clerk of the court. Plaintiff's disbursements may not exceed $40, except if the plaintiff is the state or a political subdivision of the state, the plaintiff is allowed all the necessary disbursements and fees allowed by law as specified in s. 814.04 (2). If, prior to so doing paying the debt or an amount sufficient to cover the plaintiff's claim, the plaintiff in writing requests the garnishee to pay the sum to the clerk, the garnishee shall, within 5 days after receipt of the request, pay the sum to the clerk. The clerk shall give a receipt for payment to the garnishee. The payment shall discharge the garnishee of all liability for the amount paid.

AB735,44 Section 44 . 812.39 (1) of the statutes is amended to read:

AB735,25,2 812.39 (1) Between 5 and 10 business days after the payday of each pay period in which the debtor's earnings are subject to the earnings garnishment, the garnishee shall pay the creditor that portion of the debtor's nonexempt disposable earnings to which the creditor is entitled, minus the fee under s. 812.33 (2). The creditor shall apply the actual amount received from the garnishee to the unsatisfied civil judgment.

AB735,45 Section 45. Initial applicability.

AB735,25,6 (1) Temporary certification of property assessors. The treatment of section 73.09 (6) of the statutes first applies to a temporary certification granted on the effective date of this subsection.

AB735,25,10 (2) Continued collection of sales tax after notice. The treatment of section 77.59 (5r) of the statutes first applies to a seller that receives an adjustment or a refund described in section 77.59 (5r) of the statutes on the effective date of this subsection.

AB735,25,15 (3) Disbursements in a garnishment other than an earnings garnishment. The treatment of sections 812.04 (2), 812.05 (1) and (2), and 812.13 (1) of the statutes first applies to fees and disbursements incurred by a plaintiff in a garnishment action commenced under subchapter I of chapter 812 of the statutes on the effective date of this subsection.

AB735,25,18 (4) Garnishee fees in an earnings garnishment. The treatment of section 812.39 (1) of the statutes first applies to a garnishee who makes a payment to a creditor on the effective date of this subsection.

AB735,25,19 (End)