vs. File or Reference Number ....
C.D., Debtor EXEMPTION NOTICE
and EARNINGS GARNISHMENT
E.F., Garnishee
To the debtor:
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.
The total amount of the creditor's claim is as follows:
Unpaid balance on judgment $....
Unpaid postjudgment interest $....
Costs:
a. Garnishment filing fee $....
b. Garnishee fee $....
c. Service of process (estimate) $....
TOTAL $....
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.
Your earnings are completely exempt from garnishment if:
1. Your household income is below the federal poverty level. See the enclosed schedules and worksheet to determine if you qualify for this exemption.
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.
3. At least 25% of your disposable earnings are assigned by court order for support.
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.
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 in order to receive that increased exemption.
If your circumstances change while the garnishment is in effect, you may file a new answer at any time.
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.
IF YOU NEED ASSISTANCE
CONSULT AN ATTORNEY
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.
PENALTIES
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.
812.44(5)
(5) The debtor's answer form under
s. 812.37 shall be in substantially the following form:
STATE OF WISCONSIN
CIRCUIT COURT: .... County
A.B., Creditor
vs. File or Reference Number ....
C.D., Debtor EARNINGS GARNISHMENT
and DEBTOR'S ANSWER
E.F., Garnishee
To the garnishee:
My earnings are COMPLETELY EXEMPT from earnings garnishment because:
... 1. The judgment has been paid or is void.
... 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under
ch. 49, relief provided by counties under section 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.
... 3. At least 25% of my disposable earnings are assigned for support by court order.
... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.
... 5. I have another defense to this earnings garnishment (explain briefly).
I understand that if I claim a complete exemption or defense in bad faith, I may be held liable to the creditor for actual damages, costs and reasonable attorney fees.
DATE .... Signature of Debtor ....
Address ....
Telephone Number ....
Date Received by Garnishee ....
812.44(6)
(6) The creditor's objection to the debtor's answer and demand for hearing shall be in substantially the following form:
STATE OF WISCONSIN
CIRCUIT COURT: .... County
A.B., Creditor File or Reference Number ....
vs. OBJECTION TO
C.D., Debtor DEBTOR'S ANSWER
and AND DEMAND FOR HEARING
E.F., Garnishee EARNINGS GARNISHMENT
To the Clerk of Circuit Court:
I hereby object to the debtor's answer and demand a hearing to resolve the issues in controversy. By statute, this hearing must be held as soon as practicable after this objection and demand are filed. I object to the debtor's answer for the following reasons (explain briefly):
Please schedule this hearing and notify all parties.
To the best of my knowledge, the debtor's current address:
.... is the same as that stated in the notice I filed to commence this earnings garnishment.
.... is now
I understand that if I object to the debtor's answer in bad faith, I may be held liable to the debtor for actual damages, costs and reasonable attorney fees.
Date: .... Creditor or Creditor's Attorney: ....
Address: .....
