AB620: Bill Text

AB620, s. 11 Section 11. 812.38 (1) (b) of the statutes is amended to read:

AB620,5,19 812.38 (1) (b) The debtor may file with the court a written petition for relief from the earnings garnishment if the exemption percentage under s. 812.34 (2) (a) is insufficient for the debtor to acquire the necessities of life for the debtor and his or her dependents. The petition shall state with reasonable specificity the grounds for the relief requested and shall include any additional information necessary to support the petition.

AB620, s. 12 Section 12. 812.38 (2) of the statutes is amended to read:

AB620,6,11 812.38 (2) A motion or petition under sub. (1) may be made at any time during the pendency of the earnings garnishment. Within 5 business days after a motion or petition is filed under sub. (1), the court shall schedule the matter for a hearing to be held as promptly as practicable. The court shall notify the parties of the time and place of the hearing. Upon conclusion of the hearing, the court shall make findings of fact and conclusions of law. If the debtor has failed to produce the schedules and worksheets or other documents necessary to support a claim for exemptions or other defenses, the court shall award the creditor his or her costs related to the motion in an amount of not less than $50. An award under this subsection may not substitute for or replace an award made under sub. (3). The court shall make such order as required by these findings and conclusions. If the order permits the garnishment to proceed, the date on which the order is served upon the garnishee shall substitute for the original date of service of the garnishment upon the garnishee under s. 812.35 (3) for the purpose of determining any 13-week period under s. 812.35 (5) or (6). A court order shall bind the garnishee from the time the order is served upon him or her.

AB620, s. 13 Section 13. 812.44 (3) (form) 3. of the statutes is amended to read:

AB620,6,16 812.44 (3) (form) 3. Whenever you receive a debtor's answer form from the debtor, mail a copy of the answer form and any documents the debtor included with the answer to the creditor by the end of the 3rd business day after receipt of that form. Include the date you received the answer form on the copy sent to the creditor.

AB620, s. 14 Section 14. 812.44 (4) (form) 1. of the statutes is amended to read:

AB620,6,20 812.44 (4) (form) 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.

AB620, s. 15 Section 15. 812.44 (4) (form) 3. of the statutes is amended to read:

AB620,6,23 812.44 (4) (form) 3. At least 25% of your disposable earnings are assigned by court order for support.

AB620,7,3 If the garnishment of 20% of your disposable income would result in the income of your household being below the poverty line, the garnishment is limited to the amount of your household's income in excess of the poverty line.

AB620,7,10 If you qualify for a complete exemption or for a limit on the amount of the garnishment to the amount that your household's income exceeds the poverty line, you must give or mail a copy of the enclosed debtor's answer form to the garnishee, along with the schedules and worksheets and any other documents supporting your answer, such as a wage statement, a court order regarding the payment of support or a document showing the receipt of any of the benefits listed under paragraph 2 above in order to receive that increased exemption.

AB620,7,12 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB620,7,16 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.

AB620,7,18 IF YOU NEED ASSISTANCE CONSULT AN ATTORNEY

AB620,7,24 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.

AB620,7,25 PENALTIES

AB620,8,3 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.

AB620, s. 16 Section 16. 814.04 (1) (a) of the statutes is amended to read:

AB620,8,13 814.04 (1) (a) When the amount recovered or the value of the property involved is $1,000 or over equal to or greater than the maximum amount specified in s. 799.01 (1) (d), attorney fees shall be $100 $750; when it is equal to or less than $1,000 and is $500 or over, $50 the maximum amount specified in s. 799.01 (1) (d), but is $5,000 or more, attorney fees shall be $500; when it is less than $500 and is $200 or over, $25; and when it is less than $200, $15 $5,000 and is $1,000 or more, attorney fees shall be $300; and when it is less than $1,000, attorney fees shall be $100. In all other cases in which there is no amount recovered or that do not involve property, attorney fees shall be $500.

AB620, s. 17 Section 17. 814.04 (1) (b) of the statutes is repealed.

AB620, s. 18 Section 18. 814.04 (2) of the statutes is amended to read:

AB620,9,3 814.04 (2) Disbursements. All the necessary disbursements and fees allowed by law; the compensation of referees; a reasonable disbursement for the service of process or other papers in an action when the same are served by a person authorized by law other than an officer, but the item may not exceed the authorized sheriff's fee for the same service; amounts actually paid out for certified and other copies of papers and records in any public office; postage, telegraphing photocopying, telephoning, electronic communications, facsimile transmissions and express or overnight delivery; depositions including copies; plats and photographs, not exceeding $50 $100 for each item; an expert witness fee not exceeding $100 $300 for each expert who testifies, exclusive of the standard witness fee and mileage which shall also be taxed for each expert; and in actions relating to or affecting the title to lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees shall not be taxed as a cost or disbursement.

AB620, s. 19 Section 19. 814.07 of the statutes is amended to read:

AB620,9,7 814.07 Costs on motion. Costs may be allowed on a motion, in the discretion of the court or judge, not exceeding $50 $300, and may be absolute or directed to abide the event of the action.

AB620, s. 20 Section 20. 815.18 (3) (k) of the statutes is amended to read:

AB620,9,11 815.18 (3) (k) Depository accounts. Depository accounts in the aggregate value of $1,000, but only to the extent that the account is for the debtor's personal use and is not used as a business account.

AB620, s. 21 Section 21. 895.035 (2) of the statutes is amended to read:

AB620,9,22 895.035 (2) The parent or parents with custody of a minor child, in any circumstances where he, she or they may not be liable under the common law, are liable for damages to property, for the cost of repairing or replacing property or removing the marking, drawing, writing or etching from property regarding a violation under s. 943.017, for the value of unrecovered stolen property or for personal injury attributable to a wilful, malicious or wanton act of the child. The parent or parents with custody of their minor child are jointly and severally liable with the child for the damages imposed under s. 895.80, 943.212, 943.24, 943.245 or 943.51 for their child's violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61.

AB620, s. 22 Section 22. 895.08 of the statutes is created to read:

AB620,9,25 895.08 Assignment of debt and right to sue. (1) Any person may assign a debt owed to that person to any other person, including a debt collection agency licensed by the department of financial institutions. That assignment shall be in writing for consideration and shall state the amount owed to the original creditor, the name of the debtor and the name of the person to whom the debt is assigned.

AB620,10,10 (2) An assignee taking assignment of a debt under this section shall take the assignment of the debt in his or her own name as real parties in interest for the purpose of billing, collection and bringing suit in his or her own name. No suit regarding an assigned debt may be instituted on behalf of a collection agency in any court unless the collection agency appears by a duly authorized and licensed attorney at law. When a suit is commenced under this subsection, the court may authorize payment of reasonable attorney fees and costs to the prevailing party.

AB620,10,15 (3) The person assigned a debt under this section shall send notice to the debtor of the assignment by mail at the debtor's last known address within 30 calendar days after making the assignment. If the person assigned the debt fails to send a notice to the debtor within the time period required by this subsection, the assignment may not be effective until the notice is sent to the debtor.

AB620, s. 23 Section 23. 895.80 (2) of the statutes is amended to read:

AB620,10,23 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 by a preponderance of the credible evidence. A conviction under s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 is not required to bring an action, obtain a judgment or collect on that judgment under this section.

AB620, s. 24 Section 24. 895.80 (3) (a) of the statutes is repealed and recreated to read:

AB620,11,4 895.80 (3) (a) Actual damages, including the retail or replacement value of damaged, used or lost property, whichever is greater, for a violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61.

AB620, s. 25 Section 25. 895.80 (3) (b) of the statutes is amended to read:

AB620,11,8 895.80 (3) (b) All costs of investigation and litigation that were reasonably incurred, including the value of the time spent by any employe or agent of the victim, court costs and reasonable attorney fees.

AB620, s. 26 Section 26. 895.80 (3) (c) of the statutes is created to read:

AB620,11,12 895.80 (3) (c) Exemplary damages of not more than 3 times the amount awarded under par. (a). No additional proof is required under this section for an award of exemplary damages under this paragraph.

AB620, s. 27 Section 27. 895.80 (4) of the statutes is repealed and recreated to read:

AB620,11,15 895.80 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938.

AB620, s. 28 Section 28. 895.80 (6) of the statutes is created to read:

AB620,11,18 895.80 (6) A person is not criminally liable under s. 943.30 for any action brought in good faith under this section.

AB620, s. 29 Section 29. 943.24 (3) (b) of the statutes is amended to read:

AB620,11,24 943.24 (3) (b) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address, or to the address provided on the check or other order; or

AB620, s. 30 Section 30. 943.24 (3) (c) of the statutes is amended to read:

AB620,12,5 943.24 (3) (c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address, or to the address provided on the check or other order.

AB620, s. 31 Section 31. 943.245 (3) of the statutes is amended to read:

AB620,12,9 943.245 (3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

AB620, s. 32 Section 32. 943.245 (4) of the statutes is amended to read:

AB620,12,19 943.245 (4) At least 20 days prior to commencing an action, as specified in s. 801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the payee or holder of the check or order to the drawer by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the check or order prior to the commencement of the action, he or she is not liable under this section.

AB620, s. 33 Section 33. 943.50 (3) of the statutes is amended to read:

AB620,13,8 943.50 (3) A merchant, a merchant's adult employe or a merchant's security agent who has reasonable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant, merchant's adult employe or merchant's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant, merchant's adult employe or merchant's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

AB620, s. 34 Section 34. 943.51 (3) of the statutes is amended to read:

AB620,13,12 943.51 (3) Notwithstanding sub. (2) and except as provided in sub. (3m), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

AB620, s. 35 Section 35. 943.51 (3m) of the statutes is amended to read:

AB620,13,17 943.51 (3m) Notwithstanding sub. (2), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $300 for each violation if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor.

AB620, s. 36 Section 36. Initial applicability.

AB620,13,20 (1) This act first applies to actions commenced on the effective date of this subsection.

AB620, s. 37 Section 37. Effective date.

AB620,13,23 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB620,13,24 (End)