AB576: Bill Text

AB576,16,21 To the debtor:

AB576,17,2 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.

AB576,17,3 The total amount of the creditor's claim is as follows:

AB576,17,4 Unpaid balance on judgment $....

AB576,17,5 Unpaid postjudgment interest $....

AB576,17,6 Costs:

AB576,17,7 a. Garnishment filing fee $....

AB576,17,8 b. Garnishee fee $....

AB576,17,9 c. Service of process (estimate) $....

AB576,17,10 TOTAL $....

AB576,17,13 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.

AB576,17,14 Your earnings are completely exempt from garnishment if:

AB576,17,17 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.

AB576,17,23 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance, temporary assistance under section 49.176 49.78 of the Wisconsin Statutes, 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.

AB576,17,25 3. At least 25% of your disposable earnings are assigned by court order for support.

AB576,18,3 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.

AB576,18,5 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB576,18,9 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.

AB576,18,11 IF YOU NEED ASSISTANCE CONSULT AN ATTORNEY

AB576,18,17 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.

AB576,18,18 PENALTIES

AB576,18,21 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.

AB576, s. 21 Section 21 . 812.44 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB576,18,25 812.44 (5) The debtor's answer form under s. 812.37 shall be in substantially the following form:

AB576,19,1 STATE OF WISCONSIN

AB576,19,2 CIRCUIT COURT:.... County

AB576,19,4 A.B., Creditor

AB576,19,5 vs. File or Reference Number....

AB576,19,6 C.D., Debtor EARNINGS GARNISHMENT

AB576,19,7 and DEBTOR'S ANSWER

AB576,19,8 E.F., Garnishee

AB576,19,10 To the garnishee:

AB576,19,11 My earnings are COMPLETELY EXEMPT from earnings garnishment because:

AB576,19,12 ... 1. The judgment has been paid or is void.

AB576,19,18 ... 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance, temporary assistance under section 49.176 of the Wisconsin Statutes, 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.

AB576,19,19 ... 3. At least 25% of my disposable earnings are assigned for support by court order.

AB576,19,21 ... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.

AB576,19,22 ... 5. I have another defense to this earnings garnishment (explain briefly).

AB576,20,2 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.

AB576,20,3 DATE .... Signature of Debtor ....

AB576,20,4 Address ....

AB576,20,5 Telephone Number ....

AB576,20,6 Date Received by Garnishee ....

AB576, s. 22 Section 22 . 812.44 (5) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

AB576,20,10 812.44 (5) The debtor's answer form under s. 812.37 shall be in substantially the following form:

AB576,20,11 STATE OF WISCONSIN

AB576,20,12 CIRCUIT COURT:.... County

AB576,20,14 A.B., Creditor

AB576,20,15 vs. File or Reference Number....

AB576,20,16 C.D., Debtor EARNINGS GARNISHMENT

AB576,20,17 and DEBTOR'S ANSWER

AB576,20,18 E.F., Garnishee

AB576,20,20 To the garnishee:

AB576,20,21 My earnings are COMPLETELY EXEMPT from earnings garnishment because:

AB576,20,22 ... 1. The judgment has been paid or is void.

AB576,21,3 ... 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance, temporary assistance under section 49.176 49.78 of the Wisconsin Statutes, 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.

AB576,21,4 ... 3. At least 25% of my disposable earnings are assigned for support by court order.

AB576,21,6 ... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.

AB576,21,7 ... 5. I have another defense to this earnings garnishment (explain briefly).

AB576,21,11 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.

AB576,21,12 DATE .... Signature of Debtor ....

AB576,21,13 Address ....

AB576,21,14 Telephone Number ....

AB576,21,15 Date Received by Garnishee ....

AB576, s. 23 Section 23 . 814.29 (1) (d) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB576,21,23 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.07 (154), medical assistance, relief provided by counties under s. 49.176, supplemental security income, food stamps or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB576, s. 24 Section 24 . 814.29 (1) (d) 1. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

AB576,22,6 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.07 (154), medical assistance, relief provided by counties under s. 49.176 49.78, supplemental security income, food stamps or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB576, s. 25 Section 25. 1995 Wisconsin Act 27, sections 2939 and 2940 are repealed.

AB576, s. 26 Section 26. 1995 Wisconsin Act 27, sections 3143 and 3144 are repealed.

AB576, s. 27 Section 27. 1995 Wisconsin Act 27, section 9426 (13) (a) is amended to read:

AB576,23,10 [1995 Wisconsin Act 27] Section 9426 (13) Relief block grants and other county relief programs. (a) The treatment of sections 16.20 (1) (fm) (by Section 239f), 16.352 (5) (a) and (b), 20.435 (1) (bs), (bt) and (bu), 29.544 (3), 46.208, 46.21 (1) (d), 46.215 (1) (fm), 46.23 (2) (a), 46.254 (1) (by Section 2145), (2) (by Section 2148) and (3) (a) (by Section 2152), 49.01 (2), (2g), (3), (3m) (b), (5r), (8p), (9) and (10), 49.015 (title), (1) (a) and (b) (intro.), 1., 2., 3., and 4., (2) (a) and (c), (3) (title) and (a) and (4), 49.02 (title), (1), (1e), (2), (2r), (4), (5) (title), (am), (ar), (b), (c), (cr), (cw), (d), (e) and (g), (6), (6c), (6g), (6r), (7), (7m), (8), (9), (10) (b) and (c), (11) and (12), 49.025, 49.027, 49.029, 49.031, 49.035, 49.043, 49.046 (title), (1) (intro.), (a) and (b), (2), (3), (4) and (5), 49.047, 49.048, 49.049, 49.05, 49.055, 49.057, 49.06, 49.08 (by Section 2766), 49.083, 49.12 (title), (1), (2), (3), (4m) (intro.), (a) (by Section 2776) and (b), (5), (6), (7), (8), (9), (10) and (11), 49.123 (title), (1) and (2), 49.13 (title), (1), (2), (3) (intro.), (a) and (b), (4) and (5), 49.15 (2), 49.17 (2), 49.19 (16), 49.27 (4) (d) 2. b., 49.29 (title), 49.30 (1) (intro.) (by Section 2921), 49.45 (2) (b) 4., (6y) (title) and (a) (by Section 2985e), (6z) (title) and (a) (intro.) and (11), 49.46 (2) (d), 49.50 (11), 49.51, 49.53 (4), 49.90 (6), 59.07 (98), (109) and (154), 71.52 (6), 71.54 (2) (a) (intro.), 71.93 (1) (a) 3. (by Section 3427), 101.38 (1) (g) (by Section 3722), 118.17, 146.89 (3) (d) 1. and 4., 252.08 (3), 756.04 (2) (am) 1. f. (by Section 7073), 812.30 (9), 812.44 (4) and (5) and 814.29 (1) (d) 1. of the statutes, the repeal of sections 46.22 (1) (b) 4., 49.002 (1), 49.01 (5m), 49.015 (2) (b), 49.02 (1m), (3) and (6m), 49.032, 49.037, 49.053 and 142.07 (4) (a) of the statutes, the renumbering and amendment of sections 49.002 (2), 49.015 (3) and 49.02 (10) (a) of the statutes, the amendment of sections 20.435 (4) (de), 46.032, 46.033 (1) (a), 46.22 (1) (b) 14., 49.41, 49.52 (1) (ad) 2., 49.53 (1m) and (2) (a), 49.65 (7) (c), 49.70 (2) and 632.72 (1g) (b) of the statutes, the creation of sections 49.01 (7m) and 49.015 (1) of the statutes and Section 9326 (11), (12), (13), (14), (15), (16), (17), (18) and (19) of this act take effect on January 1, 1996.

AB576, s. 28 Section 28. 1995 Wisconsin Act 27, section 9426 (14) is amended to read:

AB576,26,10 [1995 Wisconsin Act 27] Section 9426 (14) Transfer of certain public assistance programs to the department of industry, labor and human relations. The treatment of sections 13.101 (6) (a), 13.94 (4) (a) 1. and (b), 16.20 (1) (fm) (by Section 239h), 16.39 (3) and (4) (b), 16.54 (2) (b), 20.435 (1) (am), (e) (by Section 814) and (im), (3) (ma), (mb), (mc), (md), (na) and (nL), (4) (title), (a), (br), (cn), (cr), (dc), (dg), (dn), (ds), (i), (jb), (kx), (ky), (kz), (m), (ma), (mb), (mc), (md), (n), (na) and (nL) and (7) (b) and (ed), 20.445 (3) (br), (i), (m), (ma), (mb), (mc), (md), (n), (na) and (nL), 20.505 (7) (km), 20.512 (1) (i), 38.28 (1m) (a) 1. (by Section 1812), 46.011 (intro.), 46.03 (8), (18) (a), (20) (a) and (d), (23), (35) and (36), 46.031 (2g) (b), 46.032 (title), 46.033 (title), (1) (intro.) and (b) and (2), 46.036 (1) (by Section 2051), 46.10 (2) (by Section 2055), 46.175, 46.18 (13), 46.206, 46.21 (2m) (c) and (7), 46.215 (1) (intro.), (d), (j), (L) and (n), (2) (b) and (3), 46.22 (1) (am), (b) (intro.), 1., 5., 6., 7., 8., 9., 10., 12., 13. and 15., (d) and (e) 1. and 2., (2) (b), (2g) (d) and (3m) (a) and (b) 12. and 17. b., 46.23 (3) (a), (am) 4., (c) and (e), (5) (b), (5m) (c), (6) (a) (intro.) and 3., (6m) (a) and (7), 46.252, 46.253 (title), (1), (2), (3), (4), (5), (6) and (7), 46.254 (title), (1) (by Section 2146), (2) (by Section 2149), (3) (intro.), (a) (by Section 2153), (b) to (e) and (f), (4) and (5), 46.27 (4) (c) 4., (5) (i) and (7) (am) (by Section 2224) and (c) 2., 46.275 (1m) (a) and (5) (b) 2., 46.277 (1m) (a), 46.278 (1m) (b), 46.30 (3) (a) 1. and (4) (a) and (cm), 46.32, 46.40 (2) (by Section 2281s), 46.45 (intro.), 46.75 (2) (a), 46.765 (2) (intro.), 46.77, 46.94, 46.985 (2) (a) 4., 48.06 (1) (b) and (4), 48.57 (3) (a) (intro.) and 3. and (b), 49.001 (1), (2), (3), (4) and (5m), 49.01 (intro), (1), (1m), (4), (5), (5g), (6), (6m), (7), (8g), (8j), (8m) and (8r), 49.085, 49.11, 49.125 (1), 49.133 (title), (1), (2), (3) and (5), 49.14 (title), (1), (2), (3), (4) and (5), 49.15 (title), (1) and (3), 49.16 (title), (1), (2) and (3), 49.17 (title), (1) and (3), 49.171 (title), (1), (2), (3) (intro.), (a) and (b) and (4), 49.172, 49.173, 49.174, 49.175 (title), (1), (2), (3), (4) and (6), 49.178, 49.19 (10) (a) and (11) (a) 1. a. (intro.) (by Section 2865b) and (b) (intro.) (by Section 2865n), 49.191 (title), 49.193 (2) (b) 2., (8) (bm) and (c), (9) and (10m), 49.195 (3), 49.197 (1m), (3) and (4), 49.20 (3), 49.21 (title), 49.27 (2), (4) (g) 1. a. (by Section 2906) and c., (5) (c) 3. and 5. and (f), (6) (c) and (11) (c) and (g), 49.275, 49.30 (1) (intro.) (by Section 2922), 49.32 (title), (1), (2), (6), (8), (9) (title) and (10) (title), 49.325, 49.33 (1) (intro.), (3) (title), (9) and (10), 49.34, 49.35, 49.43 (1), (3e), (10) and (10s), 49.45 (2) (a) 15., (3) (a), (5), (6m) (br) 1. and (h), (6u) (intro.) and (b) 2. and 2m., (6w) (intro.), (a) 2. and (b) 2. b., (7) (d) 4., (34) and (40), 49.46 (1) (a) 4., (d) 4. and (e), 49.47 (4) (c) 1., 49.48 (title), (1), (1m), (2) and (3) (title), (a), (b), (c), (d) and (e), 49.483 (title), (1) and (2), 49.485 (title), (1), (2), (4), (5), (6), (7) (title), (a) 1., 2., 4. and 5. and (b) and (8), 49.487 (title), (1) and (2), 49.495, 49.496 (4) and (5), 49.50 (title), (2), (3), (4), (5), (6), (6e) (title) and (a), (6g), (6k) (a) and (b), (6n), (9) and (10), 49.52 (title), (1) (am), (b), (d), (dc), (f) and (g), (2), (4) and (5), 49.53 (title), (2) (b) and (c) and (3), 49.54, 49.65 (title), (1), (2), (4), (5), (6), (7) (title), (a), (b), (d) and (e), (8) and (9) (intro.), (a), (b) and (c), 49.66, 49.80 (title), (1), (2) (title), (a) and (b), (3) (intro.), (b), (c), (d) and (e) (intro.), 1., 3., 6. and 7., (4) (title), (a) and (b), (5) (intro.), (b), (c) and (d), (6), (7) and (8), 49.82 (title), 49.84 (2) and (5), 49.85 (2) (b), (3) (b) and (4) (b), 49.86, 49.89 (7) (bm) and (d) 2., 49.90 (1) (b), (2g) and (4), 49.95 (4m) (a), 50.03 (14) (b), 50.037 (3), 50.135 (1), 50.39 (3), 51.01 (14), 51.42 (3) (e), 51.421 (1), 51.423 (5) (a) (intro.), 55.06 (8) (intro.), 59.07 (153) (a) and (b), 59.15 (2) (c), 71.05 (3), 71.26 (1) (e), 71.93 (1) (a) 3. (by Section 3428) and 4., 101.123 (1) (b), 101.30, 101.38 (by Section 3721), 101.40, 101.42, 101.43, 108.02 (13) (k), 115.347, 118.125 (2) (i) and (5) (b), 118.28, 119.82 (1) (a) 3., 146.89 (3) (d) 2., 150.84 (2), 155.01 (6), 175.45 (9), 230.08 (2) (e) 5., 230.147 (1) and (2), 230.45 (1) (e), 252.076 (3), 252.14 (1) (d), 253.085 (1), 255.05 (1) (a), 302.38 (3), 456.01 (2), 560.73 (1) (i) 1. and 2., 560.75 (11), 601.57 (1) (a), 609.65 (1) (b) (intro.), 619.10 (6), 619.12 (3) (b), 632.895 (3), 705.04 (2g) (by Section 7065c), 756.04 (2) (am) 1. f. (by Section 7074), 767.078 (1) (d) 1. c. and 3., 767.10 (2) (b), 767.25 (4m) (a) and (e) 1., 767.29 (2), 767.295 (2) (a) (intro.) (by Section 7106) and 2. and (c), 767.51 (3m) (a) and (e) 1., 769.316 (4), 803.03 (2) (a), 815.18 (13) (a), 859.02 (2) (a) (by Section 7190c), 859.07 (2) (by Section 7191c), 867.01 (3) (a) 4. (by Section 7193c) and (3) (d) (by Section 7194c), 867.02 (2) (a) 6. (by Section 7195c), 867.03 (1) (c) (by Section 7197c) and (1m) (a) (by Section 7198c) and (b) (by Section 7199c), 867.035 (1) (intro.) (by Section 7200c) and (4) (by Section 7206c), 880.195, 905.15 (1), 948.45 (2) and 978.05 (4m) of the statutes, the repeal of section 49.50 (1) (title) and (11) and the unnumbered subchapter titles preceding sections 49.001, 49.19, 49.43 and 49.50 of the statutes, the renumbering of sections 20.435 (4) (e) and (eb), 46.22 (1) (b) 2. and 14., 49.01 (7m), 49.177, 49.482 (title), (1) (intro.), (b) and (c), (2) (b) to (f) and (4) (b) and (5), 49.486, 49.50 (6k) (title) and (8), 49.53 (2) (a), 49.65 (3m) (title), (a), (b) and (c) 1. to 4., 49.70 and 49.80 (3) (e) 2. of the statutes, the renumbering and amendment of sections 20.435 (4) (d), (de), (df), (dk), (L), (Lm) and (p), 46.032, 46.033 (1) (a), 46.215 (2) (a) and (c), 46.22 (1) (b) 3. and (e) 3., 46.23 (5) (a), (c) and (n), 46.25 (12), 46.31, 49.001 (intro.), 49.41, 49.482 (1) (a), (2) (a), (3) and (4) (a), 49.50 (1) and (6k) (c), 49.52 (1) (ad), 49.53 (1m) and 49.65 (3), (3m) (c) (intro.) and (7) (c) of the statutes, the amendment of sections 20.435 (6) (ee), 49.02 (5) (bm), 49.035 (1m), 560.795 (3) (e), 560.797 (4) (e) and 767.295 (2) (a) 1m. of the statutes and the creation of sections 46.215 (2) (a) 2. and (c) 2., 46.22 (1) (b) 2., 3. and 4m. and (e) 3. b., 46.23 (5) (a) 2., (c) 2. and (n) 2., 49.001 (intro.) and 49.124 (2) (title) and (3) (title) and subchapters I (title), II (title), III (title), IV (title), V (title) and VI (title) of chapter 49 of the statutes and Section 9126 (15) and (27) of this act take effect on July 1, 1996.

AB576, s. 29 Section 29. Nonstatutory provisions.

AB576,26,12 (1) Emergency rule making.

AB576,26,17 (a) The department of health and social services shall submit in proposed form the rules required under section 49.176 of the statutes, as created and renumbered by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this paragraph.

AB576,26,24 (b) Using the procedure under section 227.24 of the statutes, the department of health and social services shall promulgate rules required under section 49.176 of the statutes, as created and renumbered by this act, for the period before the effective date of the rules submitted under paragraph (a) , but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department of health and social services is not required to make a finding of emergency.

AB576, s. 30 Section 30. Effective dates. This act takes effect on the day after publication, except as follows:

AB576,27,8 (1) The repeal of section 49.032 (1) (a) of the statutes, the amendment of sections 49.19 (3) (a) (by Section 11 ), 49.41, 49.53 (1m), 812.30 (9) (by Section 17), 812.44 (4) (by Section 19 ) and (5) (by Section 21 ) and 814.29 (1) (d) 1. (by Section 23) of the statutes, the repeal and recreation of sections 46.208 and 49.015 (2) of the statutes and the creation of sections 20.435 (7) (ee) and 49.176 of the statutes take effect on January 1, 1996.

AB576,27,13 (2) The renumbering of section 49.176 of the statutes, the renumbering and amendment of sections 49.41 and 49.53 (1m) of the statutes, the amendment of sections 20.435 (7) (ee), 46.208, 49.015 (2), 49.19 (3) (a) (by Section 12), 812.30 (9) (by Section 18), 812.44 (4) (by Section 20 ) and (5) (by Section 22 ) and 814.29 (1) (d) 1. (by Section 24 ) of the statutes take effect on July 1, 1996.