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A.B., Creditor
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vs. File or Reference Number....
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C.D., Debtor EARNINGS
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and GARNISHMENT
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E.F., Garnishee
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To the debtor:
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The creditor was awarded a judgment against you or your spouse by.... (County
17Circuit or Federal District) Court on the.... day of...., .... (year) That judgment not
18having been fully paid, the creditor has now filed a garnishment proceeding against
19your earnings from the garnishee. This means that the creditor is seeking to take
20some of your earnings to satisfy part or all of the judgment against you or your
21spouse.
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The total amount of the creditor's claim is as follows:
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Unpaid balance on judgment $....
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Unpaid postjudgment interest $....
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1a. Garnishment filing fee $....
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b. Garnishee fee $....
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c. Service of process (estimate) $....
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By law, you are entitled to an exemption of not less than 80% of your disposable
6earnings. Your "disposable earnings" are those remaining after social security and
7federal 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. See the enclosed
10schedules and worksheet to 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
12block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
13Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
14or veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of
15the 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
17support.
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If the garnishment of 20% of your disposable income would result in the income
19of your household being below the poverty line, the garnishment is limited to the
20amount of your household's income in excess of the poverty line.
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If you qualify for a complete exemption or for a limit on the amount of the
22garnishment to the amount that your household's income exceeds the poverty line,
23you must give or mail a copy of the enclosed debtor's answer form to the garnishee
24in order to receive that increased exemption.
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1If your circumstances change while the garnishment is in effect, you may file
2a 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
4the necessities of life for yourself and your dependents if your earnings are reduced
5by this earnings garnishment, you may ask the court in which this earnings
6garnishment was filed to increase your exemption or grant you other relief.
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IF YOU NEED ASSISTANCE
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CONSULT AN ATTORNEY
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If you have earnings that are being garnisheed that are exempt or subject to a
10defense, the sooner you file your answer or seek relief from the court, the sooner such
11relief can be provided. This earnings garnishment affects your earnings in pay
12periods beginning within
13 52 weeks after it was served on the garnishee. You may
13agree in writing with the creditor to extend it for additional
13-week 26-week 14periods until the debt is paid.
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If you wrongly claim an exemption or defense in bad faith, or if the creditor
17wrongly objects to your claim in bad faith, the court may order the person who acted
18in bad faith to pay court costs, actual damages and reasonable attorney fees.
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(1) This act first applies to garnishment actions commenced on the effective
21date of this subsection.
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(1) This act takes effect on the first day of the 4th month after publication.
