Amendment AA1-AB346

LRBa1513/1

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2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2003 ASSEMBLY BILL 346

October 23, 2003 - Offered by Representatives Owens, Krusick and Staskunas.

AB346-AA1,1,1 At the locations indicated, amend the bill as follows:

AB346-AA1,1,2 1. Page 2, line 16: after that line insert:

AB346-AA1,1,3 " Section 2c. 812.35 (5) of the statutes is amended to read:

AB346-AA1,1,11 812.35 (5) Upon Except as provided in sub. (7), after being served, the garnishee shall determine whether the garnishee may become obligated to the debtor for earnings earned within pay periods beginning within 13 weeks after the date of service. If it is unlikely that the garnishee will become so obligated, the garnishee shall send a statement of that fact to the creditor by the end of the 7th business day after receiving the earnings garnishment form under sub. (3). The creditor shall send a copy of this statement to the court within 7 business days after receipt of the statement.

AB346-AA1, s. 2g Section 2g. 812.35 (6) of the statutes is amended to read:

AB346-AA1,2,13 812.35 (6) If Except as provided in sub. (7), if the garnishee may become obligated to the debtor for earnings earned within pay periods beginning within 13 weeks after the date of service, but one or more earnings garnishments against the debtor have already been served on the garnishee and not terminated, the garnishee shall retain the earnings garnishment form and place the garnishment into effect the pay period after the last of any prior earnings garnishments terminates. The garnishee shall notify the debtor of the amount of the garnishment and shall notify the creditor of the amount owed on the pending garnishments by the end of the 7th business day after receipt of the garnishment form under sub. (3). If, before the earnings garnishment takes effect, the garnishee determines that it is unlikely that the garnishee will continue to be obligated to the debtor for earnings, the garnishee shall notify the creditor and court under sub. (5) within 7 business days after making that determination.

AB346-AA1, s. 2m Section 2m. 812.35 (7) of the statutes is created to read:

AB346-AA1,2,22 812.35 (7) (a) If the debtor is an unemancipated minor, the garnishment shall continue until the amount that the creditor is seeking in the garnishment is paid in full. The garnishee shall determine whether the garnishee may become obligated to the debtor for earnings earned after the date of service. If it is unlikely that the garnishee will become so obligated, the garnishee shall send a statement of that fact to the creditor by the end of the 7th business day after receiving the earnings garnishment form under sub. (3). The creditor shall send a copy of this statement to the court within 7 business days after receipt of the statement.

AB346-AA1,3,9 (b) If the garnishee may become obligated to the debtor for earnings earned within pay periods beginning after the date of service, but one or more earnings garnishments against the debtor have already been served on the garnishee and not terminated, the garnishee shall retain the earnings garnishment form and place the garnishment into effect the pay period after the last of any prior earnings garnishments terminates. The garnishee shall notify the debtor of the amount of the garnishment and shall notify the creditor of the amount owed on the pending garnishments by the end of the 7th business day after receipt of the garnishment form under sub. (3). If before the earnings garnishment takes effect the garnishee determines that it is unlikely that the garnishee will continue to be obligated to the debtor for earnings, the garnishee shall notify the creditor and court under par. (a) within 7 business days after making that determination.

AB346-AA1, s. 2p Section 2p. 812.40 of the statutes is amended to read:

AB346-AA1,3,23 812.40 Stipulated extension. At any time while an earnings garnishment is in effect, the debtor and creditor, if the debtor is an adult or emancipated minor, may stipulate in writing to an extension of the earnings garnishment for additional pay periods. The extension may commence on the first day after the earnings garnishment ends and shall end within 13 weeks after the last day of the last pay period affected by the earnings garnishment. The garnishee shall be bound by the extension if a copy of the stipulation is delivered or mailed to the garnishee, together with an additional garnishee fee under s. 812.33, before the last day of the last pay period affected by the earnings garnishment or any prior stipulated extension of the earnings garnishment. A stipulated extension is void and the garnishee fee shall be refunded if, prior to the last day of the last pay period affected by the earnings garnishment, the garnishee is served under s. 812.35 (3) by a creditor seeking to satisfy a different judgment against the debtor.

AB346-AA1, s. 2r Section 2r. 812.44 (3) (form) of the statutes is amended to read:

AB346-AA1,3,25 812.44 (3) (form)

AB346-AA1,4,1 STATE OF WISCONSIN

AB346-AA1,4,2 CIRCUIT COURT:.... County

AB346-AA1,4,4 A.B., Creditor

AB346-AA1,4,5 vs. File or Reference Number....

AB346-AA1,4,6 C.D., Debtor EARNINGS

AB346-AA1,4,7 and GARNISHMENT

AB346-AA1,4,8 E.F., Garnishee

AB346-AA1,4,10 THE STATE OF WISCONSIN, To the garnishee:

AB346-AA1,4,12 The creditor has been awarded a court judgment that has not been paid. As a result, the creditor claims that a total of $.... is owed by the debtor, as follows:

AB346-AA1,4,13 A. Unpaid balance on judgment $....

AB346-AA1,4,14 B. Unpaid postjudgment interest $....

AB346-AA1,4,16 C. Costs of this earnings garnishment (estimated) $....

AB346-AA1,4,17 TOTAL $....

AB346-AA1,4,20 The creditor believes that you will owe the debtor for earnings within the next 13 weeks, or if the debtor is an unemancipated minor, within any time. If the $15 fee is tendered with these papers, you are directed by the court to do the following:

AB346-AA1,4,21 DETERMINE WHETHER YOU WILL

AB346-AA1,4,22 OWE THE DEBTOR EARNINGS

AB346-AA1,4,25 1. Determine if you are likely to owe the debtor for earnings in pay periods beginning within the next 13 weeks, or if the debtor is an unemancipated minor, within any time.

AB346-AA1,5,4 2. If you are not likely to owe the debtor for earnings in pay periods beginning within the next 13 weeks, or if the debtor is an unemancipated minor, within any time, send a statement stating that fact to the creditor by the end of the 7th business day after receiving the earnings garnishment forms.

AB346-AA1,5,5 IF THE DEBTOR SENDS YOU AN ANSWER

AB346-AA1,5,9 3. Whenever you receive a debtor's answer form from the debtor, mail a copy of the answer form to the creditor by the end of the 3rd business day after receipt of that form. Include the date you received the answer form on the copy sent to the creditor.

AB346-AA1,5,12 4. If the debtor's answer form claims a complete exemption or defense, do not withhold or pay to the creditor any part of the debtor's earnings under this garnishment unless you receive an order of the court directing you to do so.

AB346-AA1,5,13 MULTIPLE EARNINGS GARNISHMENTS

AB346-AA1,5,21 5. If the debtor's earnings are already being garnisheed when you receive this earnings garnishment, place this earnings garnishment into effect the pay period after the last of any prior earnings garnishments terminates. Notify the debtor of the amount of the garnishment and notify the creditor of the amount owed on the pending garnishments by the end of the 7th business day after you receive these forms. If there are no prior pending earnings garnishments against the debtor's earnings, place this earnings garnishment into effect the pay period after you receive it.

AB346-AA1,5,23 EARNINGS GARNISHMENTS LAST 13 WEEKS, EXCEPT FOR PUBLIC EMPLOYEES

AB346-AA1,6,8 6. The garnishment of the earnings of employees of the state of Wisconsin and its political subdivisions and of unemancipated minors remain in effect until the judgment is satisfied. The garnishment of earnings of other employees will affect the debtor's earnings for all pay periods beginning within 13 weeks after you receive it, unless the debtor's earnings are already being garnisheed. If this earnings garnishment is delayed under paragraph 5, above, it will affect the debtor's earnings for all pay periods beginning within 13 weeks after the first day of the pay period that you put this earnings garnishment into effect. If the amount claimed by the creditor is fully paid before the end of the 13 weeks, this earnings garnishment will terminate at that point.

AB346-AA1,6,9 PAYING THE CREDITOR

AB346-AA1,6,12 7. Between 5 and 10 business days after each payday of a pay period affected by this earnings garnishment, pay the creditor 20% of the debtor's disposable earnings for that pay period. Payment is complete upon mailing.

AB346-AA1,6,13 EFFECT OF COURT-ORDERED

AB346-AA1,6,14 ASSIGNMENTS FOR SUPPORT

AB346-AA1,6,22 8. If the debtor has assigned his or her earnings for support by court order, those support payments take priority over this earnings garnishment. If 25% or more of the debtor's disposable earnings is assigned for support by court order, do not pay any part of the debtor's earnings to the creditor. Instead, send the creditor a statement of that fact by the end of the 7th business day after you receive these forms. If less than 25% of the debtor's earnings is assigned for support by court order, the amount the creditor must be paid is reduced so that the total of earnings assigned and garnisheed does not exceed 25% of the debtor's disposable earnings.

AB346-AA1,6,23 EXTENSIONS