AB663: Bill Text

AB663,6,18 IF THE DEBTOR SENDS YOU AN ANSWER

AB663,6,22 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.

AB663,6,25 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.

AB663,7,1 MULTIPLE EARNINGS GARNISHMENTS

AB663,7,9 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.

AB663,7,13 EARNINGS GARNISHMENTS LAST 13 WEEKS, EXCEPT FOR PUBLIC EMPLOYEES AND EXCEPT FOR GARNISHMENTS TO SATISFY AN ORDER FOR VICTIM RESTITUTION

AB663,7,24 6. The garnishment of the earnings of employees of the state of Wisconsin and its political subdivisions remain, and a garnishment to satisfy an order for victim restitution under s. 973.20 (1r) for victim restitution remains 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.

AB663,7,25 PAYING THE CREDITOR

AB663,8,3 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.

AB663,8,4 EFFECT OF COURT-ORDERED

AB663,8,5 ASSIGNMENTS FOR SUPPORT

AB663,8,13 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.

AB663,8,14 EXTENSIONS

AB663,8,21 9. The debtor and creditor may agree in writing to extend this earnings garnishment for additional pay periods beginning within 13 weeks after this earnings garnishment would otherwise terminate. If you receive a written extension stipulation, and an additional garnishee fee for each extension, you must honor it unless a different garnishment against this debtor's earnings is served upon you before the extension takes effect. In that case, the extension is void and you must return the extension fee to the party who paid it to you.

AB663,12 Section 12. 814.62 (1) of the statutes is amended to read:

AB663,9,5 814.62 (1) Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20 , except that there is no fee for commencing a garnishment action to satisfy an order for victim restitution under s. 973.20 (1r). Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j).

AB663,13 Section 13. 973.20 (10) of the statutes is renumbered 973.20 (10) (a).

AB663,14 Section 14. 973.20 (10) (b) of the statutes is created to read:

AB663,9,9 973.20 (10) (b) The department or the clerk of court may certify an amount owed under par. (a) to the department of revenue if any of the following apply:

AB663,9,11 1. The court required that restitution be paid immediately and more than 30 days have passed since the order was entered.

AB663,9,13 2. The court required that restitution be paid within a specified period and more than 30 days have passed since the expiration of that period.

AB663,9,15 3. The court required that restitution be paid in specified installments and the defendant is delinquent in making any of those payments.

AB663,15 Section 15. 973.20 (11) (c) of the statutes is created to read:

AB663,9,21 973.20 (11) (c) If a defendant who is in a state prison or who is sentenced to a state prison is ordered to pay restitution, the court order shall require the defendant to authorize the department to collect, from the defendant's wages and from other moneys held in the defendant's prisoner's account, an amount or a percentage the department determines is reasonable for payment to victims.

AB663,16 Section 16. 973.20 (11) (d) of the statutes is created to read:

AB663,9,24 973.20 (11) (d) Each clerk of court who collects restitution under this section shall notify the department when a defendant has satisfied an order for restitution.

AB663,17 Section 17. 973.20 (11) (e) of the statutes is created to read:

AB663,10,6 973.20 (11) (e) The department and each clerk of court that collects restitution under this section shall annually submit a report to the legislature under s. 13.172 (2) that specifies, for each fiscal year, the total amounts of restitution ordered for the department and each clerk of court to collect, the administrative fee the department and each clerk of court collects under par. (a), and the amounts of restitution collected by the department and by the clerk of court and dispersed to victims.

AB663,18 Section 18. 973.20 (12) (a) of the statutes is amended to read:

AB663,10,15 973.20 (12) (a) If the court orders restitution in addition to the payment of fines, costs, fees, and surcharges under ss. 973.05 and 973.06 and ch. 814, it shall set the amount of fines, costs, fees, and surcharges in conjunction with the amount of restitution and issue a single order, signed by the judge, covering all of the payments and any amounts due under s. 304.074. If the costs for legal representation by a private attorney appointed under s. 977.08 or the fees due under s. 304.074 are not established at the time of issuance of the order, the court may revise the order to include those costs at a later time.

AB663,10,16 (End)