SB397-SA3,4k
5Section 4k. 812.39 (1) (b) of the statutes is created to read:
SB397-SA3,3,76
812.39
(1) (b) Divide the quotient under par. (a) by the total number of
7creditors.
SB397-SA3,4p
8Section 4p. 812.39 (1) (c) of the statutes is created to read:
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812.39
(1) (c) Pay each creditor the amount determined under par. (b).
SB397-SA3,4s
10Section 4s. 812.39 (2) of the statutes is renumbered 812.39 (2) (a) and
11amended to read:
SB397-SA3,3,2412
812.39
(2) (a) Court-ordered assignments of the debtor's earnings for support
13or maintenance under ch. 767, regardless of the date the garnishee first receives
14notice of the assignment, take priority over an earnings garnishment under this
15subchapter
. If and take priority over a garnishment to satisfy an order for restitution
16under s. 973.20 (1r). Except as provided in par. (b), if the debtor's earnings are subject
17to assignment under s. 767.75, the creditor
, including a creditor entitled to an
18earnings garnishment to satisfy an order for restitution under s. 973.20 (1r), shall
19not be entitled to an amount greater than 25 percent of the debtor's disposable
20earnings less the amount assigned under s. 767.75.
If the garnishee determines that
21the amount to be garnished pursuant to an order under s. 767.75 is equal to or greater
22than 25 percent of the debtor's disposable earnings, the garnishee shall notify the
23creditor and the court under s. 812.35 (5) within 7 business days after making that
24determination.
SB397-SA3,4w
25Section 4w. 812.39 (2) (b) of the statutes is created to read:
SB397-SA3,4,4
1812.39
(2) (b) If one or more earnings garnishments are in effect for a debtor
2whose earnings are subject to assignment under s. 767.75, the garnishee shall, if the
3amount assigned under s. 767.75 is less than 25 percent of the debtor's disposable
4earnings, do all of the following:
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1. Determine the difference between 25 percent of the debtor's disposable
6income and the sum of the following:
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a. The amount assigned under s. 767.75.
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b. The amount, if any, to be garnished to satisfy an order for restitution under
9s. 973.20 (1r).
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2. a. If the difference determined under subd. 1. is less than 25 percent of the
11debtor's disposable income, divide the difference under subd. 1. by the number of
12creditors.
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b. Pay each creditor the amount determined under subd. 2. a.
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3. If the difference determined under subd. 1. is 25 percent or more of the
15debtor's disposable income, notify the creditor and court under s. 812.35 (5) within
167 business days after making that determination.
SB397-SA3,4y
17Section 4y. 812.39 (2m) of the statutes is created to read:
SB397-SA3,4,2518
812.39
(2m) (a) Court-ordered garnishment of the debtor's earnings to satisfy
19an order for restitution under s. 973.20 (1r), regardless of the date the garnishee first
20receives notice of the court-ordered garnishment, takes priority over an earnings
21garnishment under this subchapter. Subject to sub. (2), and except as provided in
22pars. (b) and (c), if the debtor's earnings are subject to garnishment under s. 973.20
23(1r), the creditor shall not be entitled to an amount greater than 20 percent of the
24debtor's disposable earnings less the amount to be garnished pursuant to court order
25under s. 973.20 (1r).
SB397-SA3,5,3
1(b) If one or more earnings garnishments are in effect for a debtor who owes
2restitution under s. 973.20 (1r), the garnishee shall, subject to sub. (2) and except as
3provided in par. (c), do all of the following:
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1. Determine the difference between 20 percent of the debtor's disposable
5income and the amount to be garnished to satisfy an order for restitution under s.
6973.20 (1r).
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2. Divide the difference under subd. 1. by the number of creditors.
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3. Pay each creditor the amount determined under subd. 2.
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(c) If the garnishee determines that the amount to be garnished pursuant to
10court order under s. 973.20 (1r) is equal to or greater than 20 percent of the debtor's
11disposable earnings, the garnishee shall notify each creditor and court under s.
12812.35 (5) within 7 business days after making that determination.”.
SB397-SA3,5,23
14“5. If the debtor's earnings are already being garnisheed when you receive this
15earnings garnishment,
place this earnings garnishment into effect the pay period
16after the last of any prior earnings garnishments terminates. Notify notify the
17debtor of the amount of the garnishment and notify the creditor of the amount owed
18on the pending garnishments by the end of the 7th business day after you receive
19these forms.
If there are no prior pending earnings garnishments against the
20debtor's earnings, Determine the amount you will pay to each creditor using the
21method described in the section titled “PAYING THE CREDITOR; PAYING
22MULTIPLE CREDITORS” and place this earnings garnishment into effect the pay
23period
that begins at the end of the 7th business day after you receive it.”.
SB397-SA3,6,6
35. Page 6, line 13: after “pay period." insert “
If this earnings garnishment is
4one of 2 or more earnings garnishments issued for this debtor, before paying any
5creditor, first determine 20% of the debtor's disposable earnings for the pay period
6and then divide that amount equally between all creditors.".
SB397-SA3,6,10
87. Page 6, line 23: delete “garnisheed" and substitute “
garnisheed, earnings
9garnished to satisfy an order for restitution under s. 973.20 (1r), this wage
10garnishment, and all other wage garnishments in effect for this debtor".
SB397-SA3,7,4
118. Page 6, line 23: after “disposable earnings." insert “
If this earnings
12garnishment is one of 2 or more earnings garnishments issued for this debtor and if
1325% or more of the debtor's disposable earnings is assigned for support by court
14order, do not pay any part of the debtor's earnings to any creditor. Instead, send the
15creditor a statement of that fact by the end of the 7th business day after you receive
16these forms. If this earnings garnishment is one of 2 or more earnings garnishments
17issued for this debtor, and if less than 25% of the debtor's disposable earnings is
18assigned for support by court order, determine the amount each creditor must be paid
19by first determining the difference between 25% of the debtor's disposable earnings
20and the amount assigned for support by court order and then dividing the difference
21by the number of creditors. If this earnings garnishment is one of 2 or more earnings
22garnishments issued for this debtor and if less than 25% of the debtor's disposable
23earnings is assigned for support by court order and if this debtor's earnings are also
24being garnished to satisfy an order for restitution under s. 973.20 (1r), determine the
1amount each creditor must be paid by first determining the difference between 25%
2of the debtor's disposable earnings and the sum of the amount assigned for support
3by court order and the amount garnished to satisfy an order for restitution. Then,
4divide the difference by the number of creditors.”.
SB397-SA3,8,6
912. Page 7, line 7: delete “
the party who paid it to you." and substitute “the
10party who paid it to you earnings payable to a debtor who owes restitution under a
11court order are being garnished to satisfy that order for restitution, those restitution
12payments take priority over this earnings garnishment. If 20% or more of the
13debtor's disposable earnings is being garnished to satisfy an order for restitution, do
14not pay any part of the debtor's earnings to the creditor. Instead, send the creditor
15a statement of that fact by the end of the 7th business day after you receive these
16forms. If less than 20% of the debtor's earnings is being garnished to satisfy an order
17for restitution, the amount the creditor must be paid is reduced so that the total of
18earnings garnished for restitution and garnished under this earnings garnishment
19and any other earnings garnishments in effect for this debtor does not exceed 20%
20of the debtor's disposable earnings. If this earnings garnishment is one of 2 or more
21earnings garnishments issued for this debtor and if 20% or more of the debtor's
22disposable earnings is being garnished to satisfy an order for restitution, do not pay
23any part of the debtor's earnings to any creditor. Instead, send the creditor a
24statement of that fact by the end of the 7th business day after you receive these forms.
1If this earnings garnishment is one of 2 or more earnings garnishments issued for
2this debtor, and if less than 20% of the debtor's disposable earnings is being
3garnished to satisfy an order for restitution, determine the amount each creditor
4must be paid by first determining the difference between 20% of the debtor's
5disposable earnings and the amount being garnished to satisfy an order for
6restitution and then dividing the difference by the number of creditors.".