AB150: Bill Text Engrossed

AB150-engrossed, s. 7141r Section 7141r. 802.04 (1) of the statutes is amended to read:

AB150-engrossed,2415,19 802.04 (1) Caption. Every pleading shall contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a designation as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains cross-claims or counterclaims, the designation in the caption shall state their existence. In the complaint the caption of the action shall include the standardized description of the case classification type and associated code number as approved by the director of state courts, and the title of the action shall include the names and addresses of all the parties, indicating the representative capacity, if any, in which they sue or are sued and, in actions by or against a corporation, the corporate existence and its domestic or foreign status shall be indicated. In pleadings other than the complaint, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Every pleading commencing an action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s. 814.61 (3) shall contain in the caption, if the action includes a claim for a money judgment, a statement of whether the amount claimed is greater than the amount under s. 799.01 (1) (d).

AB150-engrossed, s. 7142 Section 7142. 803.03 (2) (a) of the statutes is amended to read:

AB150-engrossed,2416,9 803.03 (2) (a) Joinder of related claims. A party asserting a claim for affirmative relief shall join as parties to the action all persons who at the commencement of the action have claims based upon subrogation to the rights of the party asserting the principal claim, derivation from the principal claim, or assignment of part of the principal claim. For purposes of this section, a person's right to recover for loss of consortium shall be deemed a derivative right. Any public assistance recipient or any estate of such a recipient asserting a claim against a 3rd party for which the public assistance provider has a right of subrogation or assignment under s. 49.65 (2) or (3) 49.89 (2) or (3) shall join the provider as a party to the claim. Any party asserting a claim based upon subrogation to part of the claim of another, derivation from the rights or claim of another, or assignment of part of the rights or claim of another shall join as a party to the action the person to whose rights the party is subrogated, from whose claim the party derives his or her rights or claim, or by whose assignment the party acquired his or her rights or claim.

AB150-engrossed, s. 7142m Section 7142m. 809.30 (1) (b) of the statutes is amended to read:

AB150-engrossed,2416,15 809.30 (1) (b) "Sentencing" means, in a felony or misdemeanor case, the imposition of a sentence, fine or probation or, in a misdemeanor case, imposition of community supervision. In a ch. 48, 51 or 55 case, other than a termination of parental rights case under s. 48.43, it means the entry of the trial court's final judgment or order.

AB150-engrossed, s. 7144 Section 7144. 812.30 (9) of the statutes is amended to read:

AB150-engrossed,2416,21 812.30 (9) "Need-based public assistance" means aid to families with dependent children, general relief funded by a relief block grant under ch. 49, relief to needy Indian persons provided by counties under s. 59.07 (154), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB150-engrossed, s. 7145 Section 7145. 812.44 (4) of the statutes is amended to read:

AB150-engrossed,2416,24 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35 (4) shall be in substantially the following form:

AB150-engrossed,2416,25 STATE OF WISCONSIN

AB150-engrossed,2417,1 CIRCUIT COURT:.... County

AB150-engrossed,2417,3 A.B., Creditor

AB150-engrossed,2417,4 vs. File or Reference Number....

AB150-engrossed,2417,5 C.D., Debtor EXEMPTION NOTICE

AB150-engrossed,2417,6 and EARNINGS GARNISHMENT

AB150-engrossed,2417,7 E.F., Garnishee

AB150-engrossed,2417,9 To the debtor:

AB150-engrossed,2417,14 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., 19.. 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.

AB150-engrossed,2417,15 The total amount of the creditor's claim is as follows:

AB150-engrossed,2417,16 Unpaid balance on judgment $....

AB150-engrossed,2417,17 Unpaid postjudgment interest $....

AB150-engrossed,2417,18 Costs:

AB150-engrossed,2417,19 a. Garnishment filing fee $....

AB150-engrossed,2417,20 b. Garnishee fee $....

AB150-engrossed,2417,21 c. Service of process (estimate) $....

AB150-engrossed,2417,22 TOTAL $....

AB150-engrossed,2417,25 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.

AB150-engrossed,2418,1 Your earnings are completely exempt from garnishment if:

AB150-engrossed,2418,4 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.

AB150-engrossed,2418,10 2. You receive aid to families with dependent children, general relief funded by a relief block grant under ch. 49, relief to needy Indian persons provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB150-engrossed,2418,12 3. At least 25% of your disposable earnings are assigned by court order for support.

AB150-engrossed,2418,15 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.

AB150-engrossed,2418,17 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB150-engrossed,2418,21 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.

AB150-engrossed,2418,23 IF YOU NEED ASSISTANCE CONSULT AN ATTORNEY

AB150-engrossed,2419,4 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.

AB150-engrossed,2419,5 PENALTIES

AB150-engrossed,2419,8 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.

AB150-engrossed, s. 7146 Section 7146. 812.44 (5) of the statutes is amended to read:

AB150-engrossed,2419,11 812.44 (5) The debtor's answer form under s. 812.37 shall be in substantially the following form:

AB150-engrossed,2419,12 STATE OF WISCONSIN

AB150-engrossed,2419,13 CIRCUIT COURT:.... County

AB150-engrossed,2419,15 A.B., Creditor

AB150-engrossed,2419,16 vs. File or Reference Number....

AB150-engrossed,2419,17 C.D., Debtor EARNINGS GARNISHMENT

AB150-engrossed,2419,18 and DEBTOR'S ANSWER

AB150-engrossed,2419,19 E.F., Garnishee

AB150-engrossed,2419,21 To the garnishee:

AB150-engrossed,2419,22 My earnings are COMPLETELY EXEMPT from earnings garnishment because:

AB150-engrossed,2419,23 ... 1. The judgment has been paid or is void.

AB150-engrossed,2420,4 ... 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, general relief funded by a relief block grant under ch. 49, relief to needy Indian persons provided by counties under section 59.07 (154) 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.

AB150-engrossed,2420,5 ... 3. At least 25% of my disposable earnings are assigned for support by court order.

AB150-engrossed,2420,7 ... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.

AB150-engrossed,2420,8 ... 5. I have another defense to this earnings garnishment (explain briefly).

AB150-engrossed,2420,12 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.

AB150-engrossed,2420,13 DATE .... Signature of Debtor ....

AB150-engrossed,2420,14 Address ....

AB150-engrossed,2420,15 Telephone Number ....

AB150-engrossed,2420,16 Date Received by Garnishee ....

AB150-engrossed, s. 7147 Section 7147. 813.16 (7) of the statutes is amended to read:

AB150-engrossed,2420,23 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a corporation supervised by the office of the commissioner division of savings and loan, home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.

AB150-engrossed, s. 7147x Section 7147x. 814.04 (intro.) of the statutes is amended to read:

AB150-engrossed,2421,4 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 101.22 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

AB150-engrossed, s. 7148c Section 7148c. 814.04 (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2421,10 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 101.22 106.04 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

AB150-engrossed, s. 7149 Section 7149. 814.245 (2) (d) of the statutes is amended to read:

AB150-engrossed,2421,13 814.245 (2) (d) "State agency" does not include the public intervenor or citizens utility board.

AB150-engrossed, s. 7150 Section 7150. 814.29 (1) (d) 1. of the statutes is amended to read:

AB150-engrossed,2421,20 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including without limitation aid to families with dependent children, general relief funded by a relief block grant under ch. 49, relief to needy Indian persons provided by counties under s. 59.07 (154), medical assistance, supplemental security income, food stamps or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB150-engrossed, s. 7151 Section 7151. 814.61 (1) (a) 1. of the statutes is repealed.

AB150-engrossed, s. 7152 Section 7152. 814.61 (1) (a) 2. of the statutes is renumbered 814.61 (1) (a) and amended to read:

AB150-engrossed,2422,5 814.61 (1) (a) Except as provided under pars. (c) and (d), beginning with fees imposed on September 1, 1989, and ending with fees imposed on December 31, 1995, at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $75. Of the fees received by the clerk under this subdivision paragraph, the county treasurer shall pay $45 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j).

AB150-engrossed, s. 7153 Section 7153. 814.61 (3) (a) of the statutes is repealed.

AB150-engrossed, s. 7154 Section 7154. 814.61 (3) (b) of the statutes is renumbered 814.61 (3) and amended to read:

AB150-engrossed,2422,16 814.61 (3) Third-party complaint. Beginning with the fees imposed on September 1, 1989, and ending with fees imposed on December 31, 1995, when When any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45. The defendant shall pay only one such $45 fee in an action. Of the fees received by the clerk under this paragraph subsection, the county treasurer shall pay $25 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $25 to the appropriation under s. 20.680 (2) (j).

AB150-engrossed, s. 7154r Section 7154r. 814.61 (7) (a) of the statutes is amended to read:

AB150-engrossed,2422,25 814.61 (7) (a) Except as provided in par. (b), upon the filing of any petition under s. 767.32 (1) or any motion, by either party, for the revision of a judgment or order in an action affecting the family, $30. No fee may be collected under this paragraph for any petition or motion by either party for the revision of a judgment or order involving child support, family support or maintenance if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 50% to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county.

AB150-engrossed, s. 7156 Section 7156. 814.61 (8) (a) of the statutes is repealed.

AB150-engrossed, s. 7157 Section 7157. 814.61 (8) (am) (intro.) of the statutes is amended to read:

AB150-engrossed,2423,6 814.61 (8) (am) (intro.) Beginning with the fees imposed on September 1, 1989, and ending with the fees imposed on December 31, 1995, on On appeal from municipal court or on review of any administrative decision, including an appeal from a commission's award in a condemnation action under ch. 32:

AB150-engrossed, s. 7158 Section 7158. 814.61 (8) (b) of the statutes is repealed.

AB150-engrossed, s. 7161 Section 7161. 814.61 (10) of the statutes is renumbered 814.61 (10) (a) and amended to read: