AB150: Bill Text

AB150,2296,25 779.97 (4) (b) 1. If a refiling of a notice of lien is presented to the secretary of state department of financial institutions for filing, the secretary filing officer shall cause the refiled notice of federal lien to be marked, held and indexed in accordance with s. 409.403 as if the refiling were a continuation statement within the meaning of chs. 401 to 411, except that the time period in par. (d) shall apply instead of the time period in s. 409.403 (2) and (3).

AB150, s. 7135 Section 7135. 779.97 (4) (b) 2. of the statutes is amended to read:

AB150,2297,11 779.97 (4) (b) 2. If a certificate of release is presented to the secretary of state for filing, the secretary shall cause the certificate to be marked, held and indexed in accordance with s. 409.404 as if the certificate were a termination statement within the meaning of chs. 401 to 411, and the secretary may remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files at any time after receipt of the certificate of release, but the secretary of state shall keep the certificate of release or a microfilm or other photographic record or optical disk or electronic record of the certificate of release in a file, separate from those containing currently effective notices of liens, for a period of 30 years after the date of filing of the certificate of release.

AB150, s. 7136 Section 7136. 779.97 (4) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2297,24 779.97 (4) (b) 2. If a certificate of release is presented to the department of financial institutions for filing, the filing officer shall cause the certificate to be marked, held and indexed in accordance with s. 409.404 as if the certificate were a termination statement within the meaning of chs. 401 to 411, and the filing officer may remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files at any time after receipt of the certificate of release, but the department of financial institutions shall keep the certificate of release or a microfilm or other photographic record or optical disk or electronic record of the certificate of release in a file, separate from those containing currently effective notices of liens, for a period of 30 years after the date of filing of the certificate of release.

****Note: This is reconciled s. 779.97 (4) (b) 2. This Section has been affected by drafts with the following LRB numbers: 95-2104/3 and 95-2387/1.

AB150, s. 7137 Section 7137. 779.97 (4) (b) 3. of the statutes is amended to read:

AB150,2298,5 779.97 (4) (b) 3. If a certificate of discharge is presented to the secretary of state department of financial institutions for filing, the secretary filing officer shall cause the certificate to be marked, held and indexed as if the certificate were a release of collateral within the meaning of chs. 401 to 411.

AB150, s. 7138 Section 7138. 779.97 (4) (b) 4. of the statutes is amended to read:

AB150,2298,10 779.97 (4) (b) 4. If a certificate of nonattachment or subordination of any lien is presented to the secretary of state department of financial institutions for filing, the secretary filing officer shall cause the certificate to be marked, held and indexed as if the certificate were an amendment within the meaning of chs. 401 to 411.

AB150, s. 7139 Section 7139. 779.97 (4) (c) 2. of the statutes is amended to read:

AB150,2298,22 779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the secretary of state, or a register of deeds if authorized under s. 59.512, a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.

AB150, s. 7140 Section 7140. 779.97 (4) (c) 2. of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2299,13 779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the department of financial institutions, or a register of deeds if authorized under s. 59.512, a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.

****Note: This is reconciled s. 779.97 (4) (c) 2. This Section has been affected by drafts with the following LRB numbers: 95-2104/3 and 95-2387/1.

AB150, s. 7141 Section 7141. 800.02 (2) (a) (intro.) of the statutes is amended to read:

AB150,2300,2 800.02 (2) (a) (intro.) The citation shall be signed by a peace officer or endorsed by a municipal attorney or, if applicable, signed by a conservation warden or a state park ranger. In addition, the governing body of a municipality authorized to adopt the use of citations may designate by ordinance or resolution other municipal officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employes. Authority delegated to an official or employe may be revoked only in the same manner by which it is conferred. The citation shall contain substantially the following information:

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

AB150,2300,17 803.03 (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, s. 7143 Section 7143. 808.075 (4) (d) 4. of the statutes is amended to read:

AB150,2300,21 808.075 (4) (d) 4. Revision of judgment or order for child support, maintenance payments or family support payments under s. 767.32 or 767.51 or revision of judgment or order for child support or family support payments under s. 767.323.

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

AB150,2301,2 812.30 (9) "Need-based public assistance" means aid to families with dependent children, general emergency medical relief, 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, s. 7145 Section 7145. 812.44 (4) of the statutes is amended to read:

AB150,2301,5 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35 (4) shall be in substantially the following form:

AB150,2301,6 STATE OF WISCONSIN

AB150,2301,7 CIRCUIT COURT:.... County

AB150,2301,9 A.B., Creditor

AB150,2301,10 vs. File or Reference Number....

AB150,2301,11 C.D., Debtor EXEMPTION NOTICE

AB150,2301,12 and EARNINGS GARNISHMENT

AB150,2301,13 E.F., Garnishee

AB150,2301,15 To the debtor:

AB150,2301,20 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.

AB150,2301,21 The total amount of the creditor's claim is as follows:

AB150,2301,22 Unpaid balance on judgment $....

AB150,2301,23 Unpaid postjudgment interest $....

AB150,2301,24 Costs:

AB150,2301,25 a. Garnishment filing fee $....

AB150,2302,1 b. Garnishee fee $....

AB150,2302,2 c. Service of process (estimate) $....

AB150,2302,3 TOTAL $....

AB150,2302,6 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.

AB150,2302,7 Your earnings are completely exempt from garnishment if:

AB150,2302,10 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.

AB150,2302,16 2. You receive aid to families with dependent children, general emergency medical relief, 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.

AB150,2302,18 3. At least 25% of your disposable earnings are assigned by court order for support.

AB150,2302,21 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.

AB150,2302,23 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB150,2303,2 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.

AB150,2303,4 IF YOU NEED ASSISTANCE CONSULT AN ATTORNEY

AB150,2303,10 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.

AB150,2303,11 PENALTIES

AB150,2303,14 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.

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

AB150,2303,17 812.44 (5) The debtor's answer form under s. 812.37 shall be in substantially the following form:

AB150,2303,18 STATE OF WISCONSIN

AB150,2303,19 CIRCUIT COURT:.... County

AB150,2303,21 A.B., Creditor

AB150,2303,22 vs. File or Reference Number....

AB150,2303,23 C.D., Debtor EARNINGS GARNISHMENT

AB150,2303,24 and DEBTOR'S ANSWER

AB150,2303,25 E.F., Garnishee

AB150,2304,2 To the garnishee:

AB150,2304,3 My earnings are COMPLETELY EXEMPT from earnings garnishment because:

AB150,2304,4 ... 1. The judgment has been paid or is void.

AB150,2304,9 ... 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, general emergency medical relief, 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.

AB150,2304,10 ... 3. At least 25% of my disposable earnings are assigned for support by court order.

AB150,2304,12 ... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.

AB150,2304,13 ... 5. I have another defense to this earnings garnishment (explain briefly).

AB150,2304,17 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.

AB150,2304,18 DATE .... Signature of Debtor ....

AB150,2304,19 Address ....

AB150,2304,20 Telephone Number ....

AB150,2304,21 Date Received by Garnishee ....

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

AB150,2305,4 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a corporation supervised by the office of the commissioner of savings and loan department of financial institutions, 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, s. 7148 Section 7148. 814.04 (intro.) of the statutes is amended to read:

AB150,2305,9 814.04 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), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

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

AB150,2305,12 814.245 (2) (d) "State agency" does not include the public intervenor or citizens utility board.

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

AB150,2305,19 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including without limitation aid to families with dependent children, general emergency medical relief, 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.