SB40-ASA1-AA1,433,2423
753.06
(6) (e) Juneau County. The circuit has one branch.
Commencing August
241, 2008, the circuit has 2 branches.".
SB40-ASA1-AA1,435,83
778.30
(1) (intro.) In addition to the procedures under s. 23.795 or 345.47 or
4under this chapter for the collection of forfeitures, costs, assessments, surcharges
,
5municipal debt reduced to judgement, or restitution payments if a defendant fails to
6pay the forfeiture, costs, assessment, surcharge
, municipal debt reduced to
7judgement, or restitution payment within the period specified by the circuit court,
8the court may do any of the following:
SB40-ASA1-AA1,435,1610
800.09
(1) Judgment. (intro.) If a municipal court finds a defendant guilty, it
11may render judgment by ordering restitution under s. 800.093 and payment of a
12forfeiture, plus costs, fees, and surcharges imposed under ch. 814. The court shall
13apply any payment received on a judgment that includes restitution to first satisfy
14any payment of restitution ordered, then to pay the forfeiture, costs, fees, and
15surcharges. If the judgment is not paid, the court may proceed under par. (a), (b),
or 16(c)
, or (d) or any combination of those paragraphs, as follows:
SB40-ASA1-AA1,435,2218
800.09
(1) (d) The court may issue an order assigning not more than 25 percent
19of the defendant's commissions, earnings, salaries, wages, pension benefits, benefits
20under ch. 102, and other money due or to be due in the future, including lottery
21prizes, to the municipal court for payment of the unpaid restitution, forfeiture, costs,
22fees, or surcharges.".
SB40-ASA1-AA1,436,55
812.30
(7m) "Emancipated minor" has the meaning given in s. 48.375 (2) (e).
SB40-ASA1-AA1,436,167
812.30
(8) "Household income" means the disposable earnings of the debtor
8and dependents during any month in which the garnishment is in effect, plus
9unearned income received by the debtor and dependents in that month, less any of
10the debtor's earnings assigned by court order under ch. 767.
If the debtor is a minor,
11other than an emancipated minor, "household income" means the disposable
12earnings of the debtor, of the parent that the debtor resides with for at least 50
13percent of the month, and of the parent's dependents during any month in which the
14garnishment is in effect, plus unearned income received by the debtor, the parent,
15and the parent's dependents in that month, less any of the debtor's and the parent's
16earnings assigned by court order under ch. 767.
SB40-ASA1-AA1,436,2118
812.34
(2) (b) 3. The debtor is a minor, other than an emancipated minor, and
19the judgment that the creditor is seeking to satisfy is not a judgment for unpaid
20restitution, costs, a forfeiture, or a surcharge entered under s. 895.035 (2m) (a) or (b)
21by the court assigned to exercise jurisdiction under chs. 48 and 938.
SB40-ASA1-AA1,437,623
812.35
(5) Upon Except as provided in sub. (7), after being served, the
24garnishee shall determine whether the garnishee may become obligated to the
1debtor for earnings earned within pay periods beginning within 13 weeks after the
2date of service. If it is unlikely that the garnishee will become so obligated, the
3garnishee shall send a statement of that fact to the creditor by the end of the 7th
4business day after receiving the earnings garnishment form under sub. (3). The
5creditor shall send a copy of this statement to the court within 7 business days after
6receipt of the statement.
SB40-ASA1-AA1,437,208
812.35
(6) If Except as provided in sub. (7), if the garnishee may become
9obligated to the debtor for earnings earned within pay periods beginning within 13
10weeks after the date of service, but one or more earnings garnishments against the
11debtor have already been served on the garnishee and not terminated, the garnishee
12shall retain the earnings garnishment form and place the garnishment into effect the
13pay period after the last of any prior earnings garnishments terminates. The
14garnishee shall notify the debtor of the amount of the garnishment and shall notify
15the creditor of the amount owed on the pending garnishments by the end of the 7th
16business day after receipt of the garnishment form under sub. (3). If, before the
17earnings garnishment takes effect, the garnishee determines that it is unlikely that
18the garnishee will continue to be obligated to the debtor for earnings, the garnishee
19shall notify the creditor and court under sub. (5) within 7 business days after making
20that determination.
SB40-ASA1-AA1,438,522
812.35
(7) (a) If the debtor is a minor, other than an emancipated minor, the
23garnishment shall continue until the amount that the creditor is seeking in the
24garnishment is paid in full. The garnishee shall determine whether the garnishee
25may become obligated to the debtor for earnings earned after the date of service. If
1it is unlikely that the garnishee will become so obligated, the garnishee shall send
2a statement of that fact to the creditor by the end of the 7th business day after
3receiving the earnings garnishment form under sub. (3). The creditor shall send a
4copy of this statement to the court within 7 business days after receipt of the
5statement.
SB40-ASA1-AA1,438,176
(b) If the garnishee may become obligated to the debtor for earnings earned
7within pay periods beginning after the date of service, but one or more earnings
8garnishments against the debtor have already been served on the garnishee and not
9terminated, the garnishee shall retain the earnings garnishment form and place the
10garnishment into effect the pay period after the last of any prior earnings
11garnishments terminates. The garnishee shall notify the debtor of the amount of the
12garnishment and shall notify the creditor of the amount owed on the pending
13garnishments by the end of the 7th business day after receipt of the garnishment
14form under sub. (3). If before the earnings garnishment takes effect the garnishee
15determines that it is unlikely that the garnishee will continue to be obligated to the
16debtor for earnings, the garnishee shall notify the creditor and court under par. (a)
17within 7 business days after making that determination.
SB40-ASA1-AA1,439,6
19812.40 Stipulated extension. At any time while an earnings garnishment
20is in effect, the debtor and creditor
, if the debtor is an adult or an emancipated minor, 21may stipulate in writing to an extension of the earnings garnishment for additional
22pay periods. The extension may commence on the first day after the earnings
23garnishment ends and shall end within 13 weeks after the last day of the last pay
24period affected by the earnings garnishment. The garnishee shall be bound by the
25extension if a copy of the stipulation is delivered or mailed to the garnishee, together
1with an additional garnishee fee under s. 812.33, before the last day of the last pay
2period affected by the earnings garnishment or any prior stipulated extension of the
3earnings garnishment. A stipulated extension is void and the garnishee fee shall be
4refunded if, prior to the last day of the last pay period affected by the earnings
5garnishment, the garnishee is served under s. 812.35 (3) by a creditor seeking to
6satisfy a different judgment against the debtor.
SB40-ASA1-AA1,439,88
812.44
(3) (form)
SB40-ASA1-AA1,439,99
STATE OF WISCONSIN
SB40-ASA1-AA1,439,1010
CIRCUIT COURT:.... County
SB40-ASA1-AA1,439,1313
vs. File or Reference Number....
SB40-ASA1-AA1,439,1414
C.D., Debtor EARNINGS
SB40-ASA1-AA1,439,1818
THE STATE OF WISCONSIN, To the garnishee:
SB40-ASA1-AA1,439,2019
The creditor has been awarded a court judgment that has not been paid. As a
20result, the creditor claims that a total of $.... is owed by the debtor, as follows:
SB40-ASA1-AA1,439,2121
A. Unpaid balance on judgment $....
SB40-ASA1-AA1,439,2222
B. Unpaid postjudgment interest $....
SB40-ASA1-AA1,439,2323
C. Costs of this earnings garnishment
SB40-ASA1-AA1,439,2424
(estimated) $....
SB40-ASA1-AA1,440,3
1The creditor believes that you will owe the debtor for earnings within the next
213 weeks
, or if the debtor is an unemancipated minor, within any time. If the $15
3fee is tendered with these papers, you are directed by the court to do the following:
SB40-ASA1-AA1,440,44
DETERMINE WHETHER YOU WILL
SB40-ASA1-AA1,440,55
OWE THE DEBTOR EARNINGS
SB40-ASA1-AA1,440,86
1. Determine if you are likely to owe the debtor for earnings in pay periods
7beginning within the next 13 weeks
, or if the debtor is an unemancipated minor,
8within any time.
SB40-ASA1-AA1,440,129
2. If you are not likely to owe the debtor for earnings in pay periods beginning
10within the next 13 weeks
, or if the debtor is an unemancipated minor, within any
11time, send a statement stating that fact to the creditor by the end of the 7th business
12day after receiving the earnings garnishment forms.
SB40-ASA1-AA1,440,1313
IF THE DEBTOR SENDS YOU AN ANSWER
SB40-ASA1-AA1,440,1714
3. Whenever you receive a debtor's answer form from the debtor, mail a copy
15of the answer form to the creditor by the end of the 3rd business day after receipt of
16that form. Include the date you received the answer form on the copy sent to the
17creditor.
SB40-ASA1-AA1,440,2018
4. If the debtor's answer form claims a complete exemption or defense, do not
19withhold or pay to the creditor any part of the debtor's earnings under this
20garnishment unless you receive an order of the court directing you to do so.
SB40-ASA1-AA1,440,2121
MULTIPLE EARNINGS GARNISHMENTS
SB40-ASA1-AA1,441,422
5. If the debtor's earnings are already being garnisheed when you receive this
23earnings garnishment, place this earnings garnishment into effect the pay period
24after the last of any prior earnings garnishments terminates. Notify the debtor of
25the amount of the garnishment and notify the creditor of the amount owed on the
1pending garnishments by the end of the 7th business day after you receive these
2forms. If there are no prior pending earnings garnishments against the debtor's
3earnings, place this earnings garnishment into effect the pay period after you receive
4it.
SB40-ASA1-AA1,441,55
EARNINGS GARNISHMENTS LAST 13 WEEKS,
SB40-ASA1-AA1,441,66
EXCEPT FOR PUBLIC EMPLOYEES
SB40-ASA1-AA1,441,167
6. The garnishment of the earnings of employees of the state of Wisconsin and
8its political subdivisions
and of unemancipated minors remain in effect until the
9judgment is satisfied. The garnishment of earnings of other employees will affect the
10debtor's earnings for all pay periods beginning within 13 weeks after you receive it,
11unless the debtor's earnings are already being garnisheed. If this earnings
12garnishment is delayed under paragraph 5, above, it will affect the debtor's earnings
13for all pay periods beginning within 13 weeks after the first day of the pay period that
14you put this earnings garnishment into effect. If the amount claimed by the creditor
15is fully paid before the end of the 13 weeks, this earnings garnishment will terminate
16at that point.
SB40-ASA1-AA1,441,1717
PAYING THE CREDITOR
SB40-ASA1-AA1,441,2018
7. Between 5 and 10 business days after each payday of a pay period affected
19by this earnings garnishment, pay the creditor 20% of the debtor's disposable
20earnings for that pay period. Payment is complete upon mailing.
SB40-ASA1-AA1,441,2121
EFFECT OF COURT-ORDERED
SB40-ASA1-AA1,441,2222
ASSIGNMENTS FOR SUPPORT
SB40-ASA1-AA1,442,523
8. If the debtor has assigned his or her earnings for support by court order, those
24support payments take priority over this earnings garnishment. If 25% or more of
25the debtor's disposable earnings is assigned for support by court order, do not pay any
1part of the debtor's earnings to the creditor. Instead, send the creditor a statement
2of that fact by the end of the 7th business day after you receive these forms. If less
3than 25% of the debtor's earnings is assigned for support by court order, the amount
4the creditor must be paid is reduced so that the total of earnings assigned and
5garnisheed does not exceed 25% of the debtor's disposable earnings.
SB40-ASA1-AA1,442,147
9. The debtor and creditor may agree in writing to extend this earnings
8garnishment for additional pay periods beginning within 13 weeks after this
9earnings garnishment would otherwise terminate
if the debtor is an adult or an
10emancipated minor. If you receive a written extension stipulation, and an additional
11garnishee fee for each extension, you must honor it unless a different garnishment
12against this debtor's earnings is served upon you before the extension takes effect.
13In that case, the extension is void and you must return the extension fee to the party
14who paid it to you.
SB40-ASA1-AA1,442,1616
812.44
(4) (form)
SB40-ASA1-AA1,442,1717
STATE OF WISCONSIN
SB40-ASA1-AA1,442,1818
CIRCUIT COURT:.... County
