AB789, s. 7
13Section
7. 812.44 (4) (form) of the statutes is amended to read:
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812.44
(4) (form)
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STATE OF WISCONSIN
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CIRCUIT COURT:.... County
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A.B., Creditor
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vs.
File or Reference Number....
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C.D., Debtor
EXEMPTION NOTICE
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and
EARNINGS GARNISHMENT
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E.F., Garnishee
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1To the debtor:
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The creditor was awarded a judgment against you or your spouse by.... (County
3Circuit or Federal District) Court on the.... day of...., .... (year) That judgment not
4having been fully paid, the creditor has now filed a garnishment proceeding against
5your earnings from the garnishee. This means that the creditor is seeking to take
6some of your earnings to satisfy part or all of the judgment against you or your
7spouse.
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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
17earnings. Your "disposable earnings" are those remaining after social security and
18federal 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, or this
21garnishment would cause that to happen. See the enclosed schedules and worksheet
22to 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
24block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
25Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
1or veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of
2the Wisconsin Statutes, or have received these benefits within the past 6 months.
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3. At least 25% of your disposable earnings are assigned by court order for
4support.
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If you qualify for a complete exemption, you must give or mail a copy of the
6enclosed debtor's answer form to the garnishee in order to receive that increased
7exemption.
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If your circumstances change while the garnishment is in effect, you may file
9a 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
11the necessities of life for yourself and your dependents if your earnings are reduced
12by this earnings garnishment, you may ask the court in which this earnings
13garnishment was filed to increase your exemption or grant you other relief.
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IF YOU NEED ASSISTANCE
15
CONSULT AN ATTORNEY
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If you have earnings that are being garnisheed that are exempt or subject to a
17defense, the sooner you file your answer or seek relief from the court, the sooner such
18relief can be provided. This earnings garnishment affects your earnings in pay
19periods beginning
within 13 weeks after it was served on the garnishee
. You may
20agree in writing with the creditor to extend it for additional 13-week periods until
21the debt is paid and remains in effect until the judgment is satisfied.
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If you wrongly claim an exemption or defense in bad faith, or if the creditor
24wrongly objects to your claim in bad faith, the court may order the person who acted
25in bad faith to pay court costs, actual damages and reasonable attorney fees.
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(1) This act first applies to garnishment actions filed on the effective date of this
3subsection.
