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1By law, you are entitled to an exemption of not less than 80% of your disposable
2earnings. Your "disposable earnings" are those remaining after social security and
3federal and state income taxes are withheld.
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Your earnings are completely exempt from garnishment if:
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1. Your household income is below the federal poverty level, or this
6garnishment would cause that to happen. See the enclosed schedules and worksheet
7to determine if you qualify for this exemption.
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2. You receive aid to families with dependent children, relief funded by a relief
9block grant under ch. 49, relief provided by counties under section 59.53 (21) of the
10Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
11or veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of
12the Wisconsin Statutes, or have received these benefits within the past 6 months.
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3. At least 25% of your disposable earnings are assigned by court order for
14support.
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154. You are an unemancipated minor and the judgment that the creditor is
16seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a
17surcharge entered by the juvenile court under section 895.035 (2m) (a) or (b) of the
18Wisconsin Statutes.
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If you qualify for a complete exemption, you must give or mail a copy of the
20enclosed debtor's answer form to the garnishee in order to receive that increased
21exemption.
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If your circumstances change while the garnishment is in effect, you may file
23a new answer at any time.
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If you do not qualify for a complete exemption, but you will not be able to acquire
25the necessities of life for yourself and your dependents if your earnings are reduced
1by this earnings garnishment, you may ask the court in which this earnings
2garnishment was filed to increase your exemption or grant you other relief.
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IF YOU NEED ASSISTANCE
4
CONSULT AN ATTORNEY
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If you have earnings that are being garnisheed that are exempt or subject to a
6defense, the sooner you file your answer or seek relief from the court, the sooner such
7relief can be provided. This earnings garnishment affects your earnings in pay
8periods beginning within 13 weeks after it was served on the garnishee. You may
9agree in writing with the creditor to extend it for additional 13-week periods until
10the debt is paid.
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If you wrongly claim an exemption or defense in bad faith, or if the creditor
13wrongly objects to your claim in bad faith, the court may order the person who acted
14in bad faith to pay court costs, actual damages and reasonable attorney fees.
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15Section
4. 812.44 (5) (form) of the statutes is amended to read:
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812.44
(5) (form)
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STATE OF WISCONSIN
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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 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.
(5) (form) paragraph 2. I receive, am eligible for, or have within 6 months
6received, aid to families with dependent children, relief funded by a relief block grant
7under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin
8Statutes, medical assistance, supplemental security income, food stamps, or
9veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of the
10Wisconsin Statutes.
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... 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
13cause that to happen.
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14... 4m. I am an unemancipated minor and the judgment that the creditor is seeking
15to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge
16entered by the juvenile court under section 895.035 (2m) (a) or (b) of the Wisconsin
17Statutes.
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... 5. I have another defense to this earnings garnishment (explain briefly).
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I understand that if I claim a complete exemption or defense in bad faith, I may
22be held liable to the creditor for actual damages, costs and reasonable attorney fees.
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DATE .... Signature of Debtor ....
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Address ....
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Telephone Number ....
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1Date Received by Garnishee ....
