AB576, s. 20
8Section
20
. 812.44 (4) of the statutes, as affected by 1995 Wisconsin Acts 27
9and .... (this act), is amended to read:
AB576,16,1110
812.44
(4) The notice of exemption served upon the garnishee under s. 812.35
11(4) shall be in substantially the following form:
AB576,16,1212
STATE OF WISCONSIN
AB576,16,1313
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
AB576,16,1919
E.F., Garnishee
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To the debtor:
AB576,17,222
The creditor was awarded a judgment against you or your spouse by.... (County
23Circuit or Federal District) Court on the.... day of...., 19.. That judgment not having
24been fully paid, the creditor has now filed a garnishment proceeding against your
1earnings from the garnishee. This means that the creditor is seeking to take some
2of your earnings to satisfy part or all of the judgment against you or your spouse.
AB576,17,33
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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TOTAL $....
AB576,17,1311
By law, you are entitled to an exemption of not less than 80% of your disposable
12earnings. Your "disposable earnings" are those remaining after social security and
13federal and state income taxes are withheld.
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Your earnings are completely exempt from garnishment if:
AB576,17,1715
1. Your household income is below the federal poverty level, or this
16garnishment would cause that to happen. See the enclosed schedules and worksheet
17to determine if you qualify for this exemption.
AB576,17,2318
2. You receive aid to families with dependent children, relief funded by a relief
19block grant under ch. 49, relief provided by counties under section 59.07 (154) of the
20Wisconsin Statutes, medical assistance, temporary assistance under section
49.176
2149.78 of the Wisconsin Statutes, supplemental security income, food stamps, or
22veterans benefits based on need under USC 501 to 562 or section 45.351 (1) of the
23Wisconsin Statutes, or have received these benefits within the past 6 months.
AB576,17,2524
3. At least 25% of your disposable earnings are assigned by court order for
25support.
AB576,18,3
1If you qualify for a complete exemption, you must give or mail a copy of the
2enclosed debtor's answer form to the garnishee in order to receive that increased
3exemption.
AB576,18,54
If your circumstances change while the garnishment is in effect, you may file
5a new answer at any time.
AB576,18,96
If you do not qualify for a complete exemption, but you will not be able to acquire
7the necessities of life for yourself and your dependents if your earnings are reduced
8by this earnings garnishment, you may ask the court in which this earnings
9garnishment was filed to increase your exemption or grant you other relief.
AB576,18,1110
IF YOU NEED ASSISTANCE
11
CONSULT AN ATTORNEY
AB576,18,1712
If you have earnings that are being garnisheed that are exempt or subject to a
13defense, the sooner you file your answer or seek relief from the court, the sooner such
14relief can be provided. This earnings garnishment affects your earnings in pay
15periods beginning within 13 weeks after it was served on the garnishee. You may
16agree in writing with the creditor to extend it for additional 13-week periods until
17the debt is paid.
AB576,18,2119
If you wrongly claim an exemption or defense in bad faith, or if the creditor
20wrongly objects to your claim in bad faith, the court may order the person who acted
21in bad faith to pay court costs, actual damages and reasonable attorney fees.
AB576,18,2524
812.44
(5) The debtor's answer form under s. 812.37 shall be in substantially
25the following form:
AB576,19,1
1STATE OF WISCONSIN
AB576,19,22
CIRCUIT COURT:.... County
AB576,19,44
A.B., Creditor
AB576,19,55
vs. File or Reference Number....
AB576,19,66
C.D., Debtor EARNINGS GARNISHMENT
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and DEBTOR'S ANSWER
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E.F., Garnishee
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To the garnishee:
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My earnings are COMPLETELY EXEMPT from earnings garnishment because:
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... 1. The judgment has been paid or is void.
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... 2. I receive, am eligible for, or have within 6 months received, aid to families with
14dependent children, relief funded by a relief block grant under ch. 49, relief provided
15by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance,
16temporary assistance under section 49.176 of the Wisconsin Statutes, supplemental
17security income, food stamps, or veterans benefits based on need under
38 USC 501 18to
562 or section
45.
351 (1) of the Wisconsin Statutes.
AB576,19,1919
... 3. At least 25% of my disposable earnings are assigned for support by court order.
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... 4. My household income is less than the poverty line, or this garnishment would
21cause that to happen.
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... 5. I have another defense to this earnings garnishment (explain briefly).
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1I understand that if I claim a complete exemption or defense in bad faith, I may
2be held liable to the creditor for actual damages, costs and reasonable attorney fees.
AB576,20,33
DATE .... Signature of Debtor ....
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Telephone Number ....
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Date Received by Garnishee ....
AB576, s. 22
7Section
22
. 812.44 (5) of the statutes, as affected by 1995 Wisconsin Acts 27
8and .... (this act), is amended to read:
AB576,20,109
812.44
(5) The debtor's answer form under s. 812.37 shall be in substantially
10the following form:
AB576,20,1111
STATE OF WISCONSIN
AB576,20,1212
CIRCUIT COURT:.... County
AB576,20,1414
A.B., Creditor
AB576,20,1515
vs. File or Reference Number....
AB576,20,1616
C.D., Debtor EARNINGS GARNISHMENT
AB576,20,1717
and DEBTOR'S ANSWER
AB576,20,1818
E.F., Garnishee
AB576,20,2020
To the garnishee:
AB576,20,2121
My earnings are COMPLETELY EXEMPT from earnings garnishment because:
AB576,20,2222
... 1. The judgment has been paid or is void.
AB576,21,323
... 2. I receive, am eligible for, or have within 6 months received, aid to families with
24dependent children, relief funded by a relief block grant under ch. 49, relief provided
25by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance,
1temporary assistance under section
49.176
49.78 of the Wisconsin Statutes,
2supplemental security income, food stamps, or veterans benefits based on need
3under
38 USC 501 to
562 or section
45.
351 (1) of the Wisconsin Statutes.
AB576,21,44
... 3. At least 25% of my disposable earnings are assigned for support by court order.
AB576,21,65
... 4. My household income is less than the poverty line, or this garnishment would
6cause that to happen.
AB576,21,77
... 5. I have another defense to this earnings garnishment (explain briefly).
AB576,21,1110
I understand that if I claim a complete exemption or defense in bad faith, I may
11be held liable to the creditor for actual damages, costs and reasonable attorney fees.
AB576,21,1212
DATE .... Signature of Debtor ....
AB576,21,1313
Address ....
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Telephone Number ....
AB576,21,1515
Date Received by Garnishee ....
AB576,21,2318
814.29
(1) (d) 1. That the person is a recipient of means-tested public
19assistance, including aid to families with dependent children, relief funded by a relief
20block grant under ch. 49, relief provided by counties under s. 59.07 (154), medical
21assistance,
relief provided by counties under s. 49.176, supplemental security
22income, food stamps or benefits received by veterans under s. 45.351 (1) or under
38
23USC 501 to
562.
AB576, s. 24
24Section
24
. 814.29 (1) (d) 1. of the statutes, as affected by 1995 Wisconsin Acts
2527 and .... (this act), is amended to read:
AB576,22,6
1814.29
(1) (d) 1. That the person is a recipient of means-tested public
2assistance, including aid to families with dependent children, relief funded by a relief
3block grant under ch. 49, relief provided by counties under s. 59.07 (154), medical
4assistance, relief provided by counties under s.
49.176 49.78, supplemental security
5income, food stamps or benefits received by veterans under s. 45.351 (1) or under
38
6USC 501 to
562.