Under current law, the earnings exemption in earnings garnishment actions
provides that a debtor's earnings are totally exempt if the debtor's income is below
the poverty line or if the garnishment would cause that result. Under this bill, a
debtor's earnings are totally exempt if the debtor's income is below the poverty line,
but if the garnishment would result in the debtor's income being below the poverty

line, the amount garnished is limited to the debtor's income in excess of the poverty
line. The bill requires debtors who claim earnings exemptions to submit with their
answer to the garnishment the schedules and worksheets that were given to them
with the garnishment, plus any supporting documents. The bill restricts the
exemption from execution for depository accounts to those depository accounts that
are for the debtor's personal use.
Under current law, a person who suffers damage as a result of certain crimes
against property may sue the person that caused the damage. Currently, the person
may recover treble damages plus the costs of the investigation and litigation. Under
the bill, the person may recover his or her actual damages, including the value of the
damaged property, the costs of the investigation and litigation, and the value of the
time spent by an employee, and exemplary damages of not more than three times the
amount of actual damages. Any recovery is reduced by any amount received as
restitution.
Current law provides that the total amount a person may receive for exemplary
damages and attorney fees in an action to recover damages resulting from the
issuance of a worthless check or retail theft is limited to $500. This bill provides that
the $500 limit applies for each violation.
This bill allows licensed collection agencies to consolidate a creditor's accounts
related to a particular debtor with those of other creditors related to that debtor and
bring an action on behalf of those creditors against the debtor. The bill provides that
the collection agency that brings the action is a real party in interest for purposes of
maintaining the action under the rules of civil procedure. The bill requires the
collection agency, when it brings an action consolidated on behalf of a number of
creditors, to include the names of the creditors in the caption of the action.
The bill also authorizes certain issuing agents appointed by the Department of
Natural Resources (DNR) to report to DNR persons who pay for fish and game
licenses, stamps, and other approvals with worthless checks. An issuing agent may
make such a report after having attempted to receive payment from the person who
paid for the approval. Upon receipt of the report, DNR must revoke the approval.
The bill requires the approval holder to return the approval to DNR.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB651, s. 1 1Section 1. 16.007 (6) (a) of the statutes is amended to read:
AB651,4,32 16.007 (6) (a) Except as provided in par. (b), whenever the claims board by
3unanimous vote finds that payment to a claimant of not more than the amount
4specified in s. 799.01 (1) (d) is justified, it may order the amount that it finds justified

1to be paid on its own motion without submission of the claim in bill form to the
2legislature. The claim shall be paid on a voucher upon the certification of the
3chairperson and secretary of the board, and shall be charged as provided in sub. (6m).
AB651, s. 2 4Section 2. 29.962 of the statutes is created to read:
AB651,4,15 529.962 Worthless checks for approvals. If a person tenders a check or other
6order for payment to an issuing agent appointed under s. 29.024 (6) (a) 3. to make
7payment for an approval issued under this chapter to an issuing agent, and the check
8is drawn on an account that does not exist or on an account with insufficient funds,
9or is otherwise worthless, the issuing agent may give notification to the department
10of the fact after having made an effort to receive payment from the person who
11tendered the check or other payment. If the issuing agent gives such notification, the
12department shall revoke the approval and send notification to the holder of the
13approval that it has been revoked for failure to make payment for the approval. The
14holder of the approval shall return the approval to the department within 7 days
15after receiving the notification.
AB651, s. 3 16Section 3. 218.04 (9j) of the statutes is created to read:
AB651,4,2317 218.04 (9j) Civil action by licensee. A licensee may, after receiving
18authorization from a creditor, consolidate the creditor's account or accounts relating
19to a particular debtor with those of any other creditor or creditors relating to that
20debtor and may bring an action on behalf of the creditor or creditors. A licensee that
21brings an action under this subsection is the real party in interest under s. 803.01
22(2) for purposes of maintaining an action. A licensee that brings an action under this
23subsection shall comply with the caption requirements of s. 895.08.
AB651, s. 4 24Section 4. 799.01 (1) (c) of the statutes is amended to read:
AB651,5,2
1799.01 (1) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where
2the value of the property claimed does not exceed $5,000 $10,000.
AB651, s. 5 3Section 5. 799.01 (1) (d) (intro.) of the statutes is amended to read:
AB651,5,54 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount
5claimed is $5,000 $10,000 or less, if the actions or proceedings are:
AB651, s. 6 6Section 6. 799.01 (1) (e) of the statutes is created to read:
AB651,5,87 799.01 (1) (e) Negligence claims. Notwithstanding par. (d), civil actions arising
8out of a claim based on negligence where the amount claimed is $5,000 or less.
AB651, s. 7 9Section 7. 799.01 (2) of the statutes is amended to read:
AB651,5,1310 799.01 (2) Permissive use of small claims procedure. A taxing authority may
11use the procedure in this chapter in an action to recover a tax from a person liable
12for that tax where the amount claimed, including interest and penalties, is $5,000
13$10,000 or less. This chapter is not the exclusive procedure for those actions.
AB651, s. 8 14Section 8. 802.04 (1) of the statutes is amended to read:
AB651,6,515 802.04 (1) Caption. Every pleading shall contain a caption setting forth the
16name of the court, the venue, the title of the action, the file number, and a designation
17as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains
18cross-claims or counterclaims, the designation in the caption shall state their
19existence. In the complaint the caption of the action shall include the standardized
20description of the case classification type and associated code number as approved
21by the director of state courts, and the title of the action shall include the names and
22addresses of all the parties, indicating the representative capacity, if any, in which
23they sue or are sued and, in actions by or against a corporation, the corporate
24existence and its domestic or foreign status shall be indicated. In pleadings other
25than the complaint, it is sufficient to state the name of the first party on each side

1with an appropriate indication of other parties. Every pleading commencing an
2action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s.
3814.61 (3) shall contain in the caption, if the action includes a claim for a money
4judgment, a statement of whether the amount claimed is greater than the amount
5under s. 799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).
AB651, s. 9 6Section 9. 812.34 (2) (a) of the statutes is amended to read:
AB651,6,97 812.34 (2) (a) Unless the court grants relief under s. 812.38 (2) or par. (b) or (c)
8applies, 80% of the debtor's disposable earnings are exempt from garnishment under
9this subchapter.
AB651, s. 10 10Section 10. 812.34 (2) (b) 1. of the statutes is amended to read:
AB651,6,1211 812.34 (2) (b) 1. The debtor's household income is below the poverty line, or the
12garnishment would cause that result; or
.
AB651, s. 11 13Section 11. 812.34 (2) (c) of the statutes is created to read:
AB651,6,1714 812.34 (2) (c) If the garnishment of 20% of the debtor's disposable income under
15this subchapter would result in the debtor's household income being below the
16poverty line, the amount of the garnishment is limited to the debtor's household
17income in excess of the poverty line before the garnishment is in effect.
AB651, s. 12 18Section 12. 812.37 (1) of the statutes is amended to read:
AB651,7,519 812.37 (1) Except as provided in s. 812.34 (1), the debtor may claim an
20exemption under s. 812.34 (2) (b) or a limit to the garnishment under s. 812.34 (2)
21(c)
, or may assert any defense to the earnings garnishment, by completing the answer
22form and delivering or mailing it to the garnishee, along with the schedules and
23worksheets provided under s. 812.35 (4) (b) and any other documents supporting his
24or her answer, such as a wage statement, a court order regarding the payment of
25support or a document showing the receipt of aid to families with dependent children,

1relief funded by a relief block grant under ch. 49, relief provided by counties under
2s. 59.53 (21), medical assistance, supplemental security income, food stamps, or
3veterans benefits based on need under 38 USC 501 to 562 or s. 45.351 (1)
. The debtor
4or debtor's spouse may file an answer or an amended answer and documentation at
5any time before or during the effective period of the earnings garnishment.
AB651, s. 13 6Section 13. 812.37 (2) of the statutes is amended to read:
AB651,7,127 812.37 (2) Whenever the garnishee receives a debtor's answer or amended
8answer and the schedules, worksheets, and other documents, the garnishee shall
9mail a copy of the answer, schedules, worksheets, and any other documents the
10debtor included with the answer
to the creditor by the end of the 3rd business day
11after receiving the debtor's answer and documents, writing on that copy the date of
12receipt of the answer and documents by the garnishee.
AB651, s. 14 13Section 14. 812.38 (1) (b) of the statutes is amended to read:
AB651,7,1914 812.38 (1) (b) The debtor may file with the court a written petition for relief
15from the earnings garnishment if the exemption percentage under s. 812.34 (2) (a)
16is insufficient for the debtor to acquire the necessities of life for the debtor and his
17or her dependents. The petition shall state with reasonable specificity the grounds
18for the relief requested and shall include any additional information necessary to
19support the petition.
AB651, s. 15 20Section 15. 812.38 (2) of the statutes is amended to read:
AB651,8,1121 812.38 (2) A motion or petition under sub. (1) may be made at any time during
22the pendency of the earnings garnishment. Within 5 business days after a motion
23or petition is filed under sub. (1), the court shall schedule the matter for a hearing
24to be held as promptly as practicable. The court shall notify the parties of the time
25and place of the hearing. Upon conclusion of the hearing, the court shall make

1findings of fact and conclusions of law. If the debtor has failed to produce the
2schedules and worksheets or other documents necessary to support a claim for
3exemptions or other defenses, the court shall award the creditor his or her costs
4related to the motion in an amount of not less than $50. An award under this
5subsection may not substitute for or replace an award made under sub. (3).
The court
6shall make such order as required by these findings and conclusions. If the order
7permits the garnishment to proceed, the date on which the order is served upon the
8garnishee shall substitute for the original date of service of the garnishment upon
9the garnishee under s. 812.35 (3) for the purpose of determining any 13-week period
10under s. 812.35 (5) or (6). A court order shall bind the garnishee from the time the
11order is served upon him or her.
AB651, s. 16 12Section 16. 812.44 (3) (form) 3. of the statutes is amended to read:
AB651,8,1613 812.44 (3) (form) 3. Whenever you receive a debtor's answer form from the
14debtor, mail a copy of the answer form and any documents the debtor included with
15the answer form
to the creditor by the end of the 3rd business day after receipt of that
16form. Include the date you received the answer form on the copy sent to the creditor.
AB651, s. 17 17Section 17. 812.44 (4) (form) 1. of the statutes is amended to read:
AB651,8,2018 812.44 (4) (form) 1. Your household income is below the federal poverty level,
19or this garnishment would cause that to happen. See the enclosed schedules and
20worksheet to determine if you qualify for this exemption.
AB651, s. 18 21Section 18. 812.44 (4) (form) 3. of the statutes is amended to read:
AB651,8,2322 812.44 (4) (form) 3. At least 25% of your disposable earnings are assigned by
23court order for support.
AB651,9,3
1If the garnishment of 20% of your disposable income would result in the income
2of your household being below the poverty line, the garnishment is limited to the
3amount of your household's income in excess of the poverty line.
AB651,9,104 If you qualify for a complete exemption or for a limit on the amount of the
5garnishment to the amount that your household's income exceeds the poverty line
,
6you must give or mail a copy of the enclosed debtor's answer form to the garnishee,
7along with the schedules and worksheets and any other documents supporting your
8answer, such as a wage statement, a court order regarding the payment of support,
9or a document showing the receipt of any of the benefits listed under paragraph 2
10above
in order to receive that increased exemption.
AB651,9,1211 If your circumstances change while the garnishment is in effect, you may file
12a new answer at any time.
AB651,9,1613 If you do not qualify for a complete exemption, but you will not be able to acquire
14the necessities of life for yourself and your dependents if your earnings are reduced
15by this earnings garnishment, you may ask the court in which this earnings
16garnishment was filed to increase your exemption or grant you other relief.
AB651,9,1817 IF YOU NEED ASSISTANCE
18 CONSULT AN ATTORNEY
AB651,9,2419 If you have earnings that are being garnisheed that are exempt or subject to a
20defense, the sooner you file your answer or seek relief from the court, the sooner such
21relief can be provided. This earnings garnishment affects your earnings in pay
22periods beginning within 13 weeks after it was served on the garnishee. You may
23agree in writing with the creditor to extend it for additional 13-week periods until
24the debt is paid.
AB651,9,2525 PENALTIES
AB651,10,3
1If you wrongly claim an exemption or defense in bad faith, or if the creditor
2wrongly objects to your claim in bad faith, the court may order the person who acted
3in bad faith to pay court costs, actual damages and reasonable attorney fees.
AB651, s. 19 4Section 19. 814.04 (1) (a) of the statutes is amended to read:
AB651,10,125 814.04 (1) (a) When the amount recovered or the value of the property involved
6is $1,000 or over greater than the maximum amount specified in s. 799.01 (1) (d),
7attorney fees shall be $100 $500; when it is equal to or less than $1,000 and is $500
8or over, $50
the maximum amount specified in s. 799.01 (1) (d), but is $1,000 or more,
9attorney fees shall be $300
; when it is less than $500 and is $200 or over, $25; and
10when it is less than $200, $15
$1,000, attorney fees shall be $100. In all other cases
11in which there is no amount recovered or that do not involve property, attorney fees
12shall be $300
.
AB651, s. 20 13Section 20. 814.04 (1) (b) of the statutes is repealed.
AB651, s. 21 14Section 21. 814.04 (2) of the statutes is amended to read:
AB651,11,215 814.04 (2) Disbursements. All the necessary disbursements and fees allowed
16by law; the compensation of referees; a reasonable disbursement for the service of
17process or other papers in an action when the same are served by a person authorized
18by law other than an officer, but the item may not exceed the authorized sheriff's fee
19for the same service; amounts actually paid out for certified and other copies of
20papers and records in any public office; postage, telegraphing photocopying,
21telephoning, electronic communications, facsimile transmissions, and express or
22overnight delivery
; depositions including copies; plats and photographs, not
23exceeding $50 $100 for each item; an expert witness fee not exceeding $100 $300 for
24each expert who testifies, exclusive of the standard witness fee and mileage which
25shall also be taxed for each expert; and in actions relating to or affecting the title to

1lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees
2shall not be taxed as a cost or disbursement.
AB651, s. 22 3Section 22. 814.07 of the statutes is amended to read:
AB651,11,6 4814.07 Costs on motion. Costs may be allowed on a motion, in the discretion
5of the court or judge, not exceeding $50 $300, and may be absolute or directed to abide
6the event of the action.
AB651, s. 23 7Section 23. 814.634 (1) (b) and (c) of the statutes are amended to read:
AB651,11,138 814.634 (1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge
9and collect a $130 court support services fee from any person, including any
10governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or
11(3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and
12the amount claimed exceeds the amount under s. 799.01 (1) (d) or, if the claim is based
13on negligence, s. 799.01 (1) (e)
.
AB651,11,1914 (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect
15a $39 court support services fee from any person, including any governmental unit
16as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee
17under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the
18recovery of money and the amount claimed is equal to or less than the amount under
19s. 799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).
AB651, s. 24 20Section 24. 815.18 (3) (k) of the statutes is amended to read:
AB651,11,2321 815.18 (3) (k) Depository accounts. Depository accounts in the aggregate value
22of $1,000, but only to the extent that the account is for the debtor's personal use and
23is not used as a business account
.
AB651, s. 25 24Section 25. 895.035 (2) of the statutes is amended to read:
AB651,12,10
1895.035 (2) The parent or parents with custody of a minor child, in any
2circumstances where he, she, or they may not be liable under the common law, are
3liable for damages to property, for the cost of repairing or replacing property or
4removing the marking, drawing, writing, or etching from property regarding a
5violation under s. 943.017, for the value of unrecovered stolen property , or for
6personal injury attributable to a willful, malicious, or wanton act of the child. The
7parent or parents with custody of their minor child are jointly and severally liable
8with the child for the damages imposed under s. 895.80, 943.212, 943.24, 943.245,
9or
943.51 for their child's violation of s. 943.01, 943.011, 943.012, 943.017, 943.20,
10943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
943.50 , or 943.61.
AB651, s. 26 11Section 26. 895.035 (4) of the statutes is amended to read:
AB651,12,2112 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s.
13943.51, the maximum recovery under this section from any parent or parents may
14not exceed the amount specified in s. 799.01 (1) (d) $5,000 for damages resulting from
15any one act of a juvenile in addition to taxable costs and disbursements and
16reasonable attorney fees, as determined by the court
under s. 814.04. If 2 or more
17juveniles in the custody of the same parent or parents commit the same act the total
18recovery under this section may not exceed the amount specified in s. 799.01 (1) (d)
19$5,000, in addition to taxable costs and disbursements under s. 814.04. The
20maximum recovery from any parent or parents for retail theft by their minor child
21is established under s. 943.51.
AB651, s. 27 22Section 27. 895.08 of the statutes is created to read:
AB651,13,2 23895.08 Suit by collection agency. In addition to the requirements of ss.
24801.09 (1), 801.095, 802.04 (1), and 815.05 (intro.), in an action brought by a
25collection agency under s. 218.04 (9j), the collection agency shall include in the

1caption, under its name, the names of the creditors on whose behalf the action is
2brought.
AB651, s. 28 3Section 28. 895.80 (1) of the statutes is amended to read:
AB651,13,114 895.80 (1) Any person who suffers damage or loss by reason of intentional
5conduct that occurs on or after November 1, 1995, and that is prohibited under s.
6943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50, 943.61,
7943.74, or 943.76, or by reason of intentional conduct that occurs on or after April 28,
81998, and that is prohibited under s. 943.201, or by reason of intentional conduct that
9occurs on or after the effective date of this subsection .... [revisor inserts date], and
10that is prohibited under s. 943.011, 943.012, or 943.017
, has a cause of action against
11the person who caused the damage or loss.
AB651, s. 29 12Section 29. 895.80 (2) of the statutes is amended to read:
AB651,13,1913 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person
14who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.011,
15943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
16943.50, or 943.61
by a preponderance of the credible evidence. A conviction under
17s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34,
18943.395, 943.41, 943.50, or 943.61 is not required to bring an action, obtain a
19judgment, or collect on that judgment under this section.
AB651, s. 30 20Section 30. 895.80 (3) (a) of the statutes is repealed and recreated to read:
AB651,13,2421 895.80 (3) (a) Actual damages, including the retail or replacement value of
22damaged, used, or lost property, whichever is greater, for a violation of s. 943.01,
23943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395,
24943.41, 943.50, or 943.61.
AB651, s. 31 25Section 31. 895.80 (3) (b) of the statutes is amended to read:
AB651,14,3
1895.80 (3) (b) All costs of investigation and litigation that were reasonably
2incurred, including the value of the time spent by any employee or agent of the
3victim
.
AB651, s. 32 4Section 32. 895.80 (3) (c) of the statutes is created to read:
AB651,14,75 895.80 (3) (c) Exemplary damages of not more than 3 times the amount
6awarded under par. (a). No additional proof is required under this section for an
7award of exemplary damages under this paragraph.
AB651, s. 33 8Section 33. 895.80 (4) of the statutes is repealed and recreated to read:
AB651,14,109 895.80 (4) Any recovery under this section shall be reduced by the amount
10recovered as restitution under ss. 800.093 and 973.20 and ch. 938.
AB651, s. 34 11Section 34. 895.80 (6) of the statutes is created to read:
AB651,14,1312 895.80 (6) A person is not criminally liable under s. 943.30 for any action
13brought in good faith under this section.
AB651, s. 35 14Section 35. 938.245 (2) (a) 5. am. of the statutes is amended to read:
AB651,15,215 938.245 (2) (a) 5. am. That the parent who has custody, as defined in s. 895.035
16(1), of the juvenile make reasonable restitution for any damage to the property of
17another, or for any actual physical injury to another excluding pain and suffering,
18resulting from the act for which the deferred prosecution agreement is being entered
19into. Except for recovery for retail theft under s. 943.51, the maximum amount of any
20restitution ordered under this subd. 5. am. for damage or injury resulting from any
21one act of a juvenile or from the same act committed by 2 or more juveniles in the
22custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d)
23$5,000. Any order under this subd. 5. am. shall include a finding that the parent who
24has custody of the juvenile is financially able to pay the amount ordered and may
25allow up to the date of the expiration of the deferred prosecution agreement for the

1payment. Any recovery under this subd. 5. am. shall be reduced by the amount
2recovered as restitution for the same act under subd. 5. a.
AB651, s. 36 3Section 36. 938.32 (1t) (a) 1m. of the statutes is amended to read:
AB651,15,204 938.32 (1t) (a) 1m. If the petition alleges that the juvenile has committed a
5delinquent act that has resulted in damage to the property of another, or in actual
6physical injury to another excluding pain and suffering, the judge or circuit court
7commissioner may require a parent who has custody, as defined in s. 895.035 (1), of
8the juvenile, as a condition of the consent decree, to make reasonable restitution for
9the damage or injury. Except for recovery for retail theft under s. 943.51, the
10maximum amount of any restitution ordered under this subdivision for damage or
11injury resulting from any one act of a juvenile or from the same act committed by 2
12or more juveniles in the custody of the same parent may not exceed the amount
13specified in s. 799.01 (1) (d)
$5,000. Any consent decree that includes a condition of
14restitution by a parent who has custody of the juvenile shall include a finding that
15the parent who has custody of the juvenile is financially able to pay the amount
16ordered and may allow up to the date of the expiration of the consent decree for the
17payment. Objection by the parent to the amount of damages claimed shall entitle the
18parent to a hearing on the question of damages before the amount of restitution is
19made part of the consent decree. Any recovery under this subdivision shall be
20reduced by the amount recovered as restitution for the same act under subd. 1.
AB651, s. 37 21Section 37. 938.45 (1r) (a) of the statutes is amended to read:
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