AB966: Bill Text

AB966,66,3 To the debtor:

AB966,66,9 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., 19.. .... (year). 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.

AB966,66,10 The total amount of the creditor's claim is as follows:

AB966,66,11 Unpaid balance on judgment $....

AB966,66,12 Unpaid postjudgment interest $....

AB966,66,13 Costs:

AB966,66,14 a. Garnishment filing fee $....

AB966,66,15 b. Garnishee fee $....

AB966,66,16 c. Service of process (estimate) $....

AB966,66,17 TOTAL $....

AB966,66,20 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.

AB966,66,21 Your earnings are completely exempt from garnishment if:

AB966,66,24 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.

AB966,67,5 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, 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.

AB966,67,7 3. At least 25% of your disposable earnings are assigned by court order for support.

AB966,67,10 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.

AB966,67,12 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB966,67,16 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.

AB966,67,17 IF YOU NEED ASSISTANCE

AB966,67,18 CONSULT AN ATTORNEY

AB966,67,24 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.

AB966,67,25 PENALTIES

AB966,68,3 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.

AB966, s. 49 Section 49. 885.02 (1) (form) of the statutes is amended to read:

AB966,68,5 885.02 (1) (form)

AB966,68,6 Subpoena

AB966,68,7 State of Wisconsin

AB966,68,8 .... County

AB966,68,9 The State of Wisconsin, To ....:

AB966,68,17 You are hereby required to appear before .... (designating the court, officer or person and place of appearance), on the .... day of ...., at .... o'clock in the .... noon of that day, to give evidence in a certain cause then and there to be tried between ...., plaintiff, and ...., defendant, on the part of the .... (or to give evidence in the matter [state sufficient to identify the matter or proceeding in which the evidence is to be given] then and there to be heard, on the part of ....). Failure to appear may result in punishment for contempt which may include monetary penalties, imprisonment and other sanctions.

AB966,68,18 Given under my hand this .... day of ...., 19.. .... (year).

AB966,68,19 ....(Give official title)

AB966, s. 50 Section 50. 968.04 (3) (a) 7. (form) of the statutes is amended to read:

AB966,68,21 968.04 (3) (a) 7. The warrant shall be in substantially the following form:

AB966,68,22 STATE OF WISCONSIN,

AB966,68,23 .... County

AB966,68,24 State of Wisconsin

AB966,68,25 vs.

AB966,69,1 .... (Defendant(s))

AB966,69,2 THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:

AB966,69,5 A complaint, copy of which is attached, having been filed with me accusing the defendant(s) of committing the crime of .... contrary to sec. ...., Stats., and I having found that probable cause exists that the crime was committed by the defendant(s).

AB966,69,7 You are, therefore, commanded to arrest the defendant(s) and bring .... before me, or, if I am not available, before some other judge of this county.

AB966,69,8 Dated ...., 19.. .... (year).

AB966,69,9 ....(Signature)

AB966,69,10 ....(Title)

AB966, s. 51 Section 51. 968.04 (3) (b) 3. a. (form) of the statutes is amended to read:

AB966,69,12 968.04 (3) (b) 3. a. (form)

AB966,69,13 STATE OF WISCONSIN,

AB966,69,14 .... County

AB966,69,15 State of Wisconsin

AB966,69,16 vs.

AB966,69,17 .... (Defendant)

AB966,69,18 THE STATE OF WISCONSIN TO SAID DEFENDANT:

AB966,69,21 A complaint, copy of which is attached, having been filed with me accusing the defendant of committing the crime of .... contrary to sec. ...., Stats., and I having found that probable cause exists that the crime was committed by the defendant.

AB966,69,25 You, ...., are, therefore, summoned to appear before Branch .... of the .... court of .... County at the courthouse in the City of .... to answer said complaint, on ...., 19.. .... (year), at .... o'clock in the .... noon, and in case of your failure to appear, a warrant for your arrest will be issued.

AB966,70,1 Dated ...., 19.. .... (year).

AB966,70,2 ....(Signature)

AB966,70,3 ....(Title)

AB966, s. 52 Section 52. 968.04 (3) (b) 3. b. (form) of the statutes is amended to read:

AB966,70,5 968.04 (3) (b) 3. b. (form)

AB966,70,6 STATE OF WISCONSIN,

AB966,70,7 .... County

AB966,70,8 State of Wisconsin

AB966,70,9 vs.

AB966,70,10 .... (Defendant)

AB966,70,11 THE STATE OF WISCONSIN TO SAID DEFENDANT:

AB966,70,13 A complaint, copy of which is attached, having been made before me accusing the defendant of committing the crime of .... contrary to sec. ...., Stats.

AB966,70,17 You, ...., are, therefore, summoned to appear before Branch .... of the .... court of .... County at the courthouse in the City of .... to answer said complaint, on ...., 19.. .... (year), at .... o'clock in the .... noon, and in case of your failure to appear, a warrant for your arrest may be issued.

AB966,70,18 Dated ...., 19.. .... (year).

AB966,70,19 .... (Signature)

AB966,70,20 .... District Attorney

AB966, s. 53 Section 53. 968.23 (form) of the statutes is amended to read:

AB966,70,22 968.23 (form)

AB966,70,23 STATE OF WISCONSIN,

AB966,70,24 .... County.

AB966,70,25 AFFIDAVIT OR COMPLAINT.

AB966,71,1 In the .... court of the .... of ....

AB966,71,11 A. B., being duly sworn, says that on the .... day of ...., A. D., 19.. .... (year), in said county, in and upon certain premises in the (city, town or village) of .... in said county, occupied by .... and more particularly described as follows: (describe the premises) there are now located and concealed certain things, to wit: (describe the things to be searched for) (possessed for the purpose of evading or violating the laws of the state of Wisconsin and contrary to section .... of the Wisconsin statutes) (or, which things were stolen from their true owner, in violation of section .... of the Wisconsin statutes) (or, which things were used in the commission of (or may constitute evidence of) a crime to wit: (describe crime) committed in violation of section .... of the Wisconsin statutes).

AB966,71,13 The facts tending to establish the grounds for issuing a search warrant are as follows: (set forth evidentiary facts showing probable cause for issuance of warrant).

AB966,71,17 Wherefore, the said A. B. prays that a search warrant be issued to search such premises for the said property, and to bring the same, if found, and the person in whose possession the same is found, before the said court (or, before the .... court for .... county), to be dealt with according to law.

AB966,71,18 (Signed) A. B.

AB966,71,19 Subscribed and sworn to before me this .... day of ...., 19.. .... (year).

AB966,71,20 ...., Judge of the .... Court.

AB966,71,21 STATE OF WISCONSIN,

AB966,71,22 .... County.

AB966,71,23 SEARCH WARRANT.

AB966,71,24 In the .... court of the .... of ....

AB966,72,2 THE STATE OF WISCONSIN, To the sheriff or any constable or any peace officer of said county:

AB966,72,13 Whereas, A. B. has this day complained (in writing) to the said court upon oath that on the .... day of ...., A. D., 19.. .... (year), in said county, in and upon certain premises in the (city, town or village) of .... in said county, occupied by .... .... and more particularly described as follows: (describe the premises) there are now located and concealed certain things, to wit: (describe the things to be searched for) (possessed for the purpose of evading or violating the laws of the state of Wisconsin and contrary to section .... of the Wisconsin statutes) (or, which things were stolen from their true owner, in violation of section .... of the Wisconsin statutes) (or which things were used in the commission of (or, may constitute evidence of) a crime, to wit: (describe crime) committed in violation of section .... of the Wisconsin statutes) and prayed that a search warrant be issued to search said premises for said property.