AB346: Bill Text

AB346, s. 3 Section 3. 812.44 (4) (form) of the statutes is amended to read:

AB346,3,1 812.44 (4) (form)

AB346,3,2 STATE OF WISCONSIN

AB346,3,3 CIRCUIT COURT:.... County

AB346,3,5 A.B., Creditor

AB346,3,6 vs. File or Reference Number....

AB346,3,7 C.D., Debtor EXEMPTION NOTICE

AB346,3,8 and EARNINGS GARNISHMENT

AB346,3,9 E.F., Garnishee

AB346,3,11 To the debtor:

AB346,3,17 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., .... (year) That judgment not having been fully paid, the creditor has now filed a garnishment proceeding against your earnings from the garnishee. This means that the creditor is seeking to take some of your earnings to satisfy part or all of the judgment against you or your spouse.

AB346,3,18 The total amount of the creditor's claim is as follows:

AB346,3,19 Unpaid balance on judgment $....

AB346,3,20 Unpaid postjudgment interest $....

AB346,3,21 Costs:

AB346,3,22 a. Garnishment filing fee $....

AB346,3,23 b. Garnishee fee $....

AB346,3,24 c. Service of process (estimate) $....

AB346,3,25 TOTAL $....

AB346,4,3 By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.

AB346,4,4 Your earnings are completely exempt from garnishment if:

AB346,4,7 1. Your household income is below the federal poverty level, or this garnishment would cause that to happen. See the enclosed schedules and worksheet to determine if you qualify for this exemption.

AB346,4,12 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB346,4,14 3. At least 25% of your disposable earnings are assigned by court order for support.

AB346,4,18 4. You are an unemancipated minor and the judgment that the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge entered by the juvenile court under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes.

AB346,4,21 If you qualify for a complete exemption, you must give or mail a copy of the enclosed debtor's answer form to the garnishee in order to receive that increased exemption.

AB346,4,23 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB346,5,2 If you do not qualify for a complete exemption, but you will not be able to acquire the necessities of life for yourself and your dependents if your earnings are reduced by this earnings garnishment, you may ask the court in which this earnings garnishment was filed to increase your exemption or grant you other relief.

AB346,5,4 IF YOU NEED ASSISTANCE CONSULT AN ATTORNEY

AB346,5,10 If you have earnings that are being garnisheed that are exempt or subject to a defense, the sooner you file your answer or seek relief from the court, the sooner such relief can be provided. This earnings garnishment affects your earnings in pay periods beginning within 13 weeks after it was served on the garnishee. You may agree in writing with the creditor to extend it for additional 13-week periods until the debt is paid.

AB346,5,11 PENALTIES

AB346,5,14 If you wrongly claim an exemption or defense in bad faith, or if the creditor wrongly objects to your claim in bad faith, the court may order the person who acted in bad faith to pay court costs, actual damages and reasonable attorney fees.

AB346, s. 4 Section 4. 812.44 (5) (form) of the statutes is amended to read:

AB346,5,16 812.44 (5) (form)

AB346,5,17 STATE OF WISCONSIN

AB346,5,18 CIRCUIT COURT:.... County

AB346,5,20 A.B., Creditor

AB346,5,21 vs. File or Reference Number....

AB346,5,22 C.D., Debtor EARNINGS GARNISHMENT

AB346,5,23 and DEBTOR'S ANSWER

AB346,5,24 E.F., Garnishee

AB346,6,2 To the garnishee:

AB346,6,3 My earnings are COMPLETELY EXEMPT from earnings garnishment because:

AB346,6,4 ... 1. The judgment has been paid or is void.

AB346,6,10 ... 2. (5) (form) paragraph 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

AB346,6,11 ... 3. At least 25% of my disposable earnings are assigned for support by court order.

AB346,6,13 ... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.

AB346,6,17 ... 4m. I am an unemancipated minor and the judgment that the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge entered by the juvenile court under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes.

AB346,6,18 ... 5. I have another defense to this earnings garnishment (explain briefly).

AB346,6,22 I understand that if I claim a complete exemption or defense in bad faith, I may be held liable to the creditor for actual damages, costs and reasonable attorney fees.

AB346,6,23 DATE .... Signature of Debtor ....

AB346,6,24 Address ....

AB346,6,25 Telephone Number ....

AB346,7,1 Date Received by Garnishee ....

AB346,7,2 (End)