AB789: Bill Text

AB789,5,21 EFFECT OF COURT-ORDERED ASSIGNMENTS FOR SUPPORT

AB789,6,4 8. If the debtor has assigned his or her earnings for support by court order, those support payments take priority over this earnings garnishment. If 25% or more of the debtor's disposable earnings is assigned for support by court order, do not pay any part of the debtor's earnings to the creditor. Instead, send the creditor a statement of that fact by the end of the 7th business day after you receive these forms. If less than 25% of the debtor's earnings is assigned for support by court order, the amount the creditor must be paid is reduced so that the total of earnings assigned and garnisheed does not exceed 25% of the debtor's disposable earnings.

AB789,6,5 EXTENSIONS

AB789,6,12 9. The debtor and creditor may agree in writing to extend this earnings garnishment for additional pay periods beginning within 13 weeks after this earnings garnishment would otherwise terminate. If you receive a written extension stipulation, and an additional garnishee fee for each extension, you must honor it unless a different garnishment against this debtor's earnings is served upon you before the extension takes effect. In that case, the extension is void and you must return the extension fee to the party who paid it to you.

AB789, s. 7 Section 7. 812.44 (4) (form) of the statutes is amended to read:

AB789,6,14 812.44 (4) (form)

AB789,6,15 STATE OF WISCONSIN

AB789,6,16 CIRCUIT COURT:.... County

AB789,6,18 A.B., Creditor

AB789,6,19 vs.                                 File or Reference Number....

AB789,6,20 C.D., Debtor                          EXEMPTION NOTICE

AB789,6,21 and                                 EARNINGS GARNISHMENT

AB789,6,22 E.F., Garnishee

AB789,7,1 To the debtor:

AB789,7,7 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., .... (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.

AB789,7,8 The total amount of the creditor's claim is as follows:

AB789,7,9 Unpaid balance on judgment                        $....

AB789,7,10 Unpaid postjudgment interest                       $....

AB789,7,11 Costs:

AB789,7,12 a. Garnishment filing fee                         $....

AB789,7,13 b. Garnishee fee                             $....

AB789,7,14 c. Service of process (estimate)                      $....

AB789,7,15 TOTAL                                          $....

AB789,7,18 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.

AB789,7,19 Your earnings are completely exempt from garnishment if:

AB789,7,22 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.

AB789,8,2 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 s. 59.53 (21) of the Wisconsin Statutes, medical assistance, 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, or have received these benefits within the past 6 months.

AB789,8,4 3. At least 25% of your disposable earnings are assigned by court order for support.

AB789,8,7 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.

AB789,8,9 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB789,8,13 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.

AB789,8,15 IF YOU NEED ASSISTANCE CONSULT AN ATTORNEY

AB789,8,21 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 and remains in effect until the judgment is satisfied.

AB789,8,22 PENALTIES

AB789,8,25 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.

AB789, s. 8 Section 8. Initial applicability.

AB789,9,3 (1) This act first applies to garnishment actions filed on the effective date of this subsection.

AB789,9,4 (End)