Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,440,12 2. If you are not likely to owe the debtor for earnings in pay periods beginning within the next 13 weeks, or if the debtor is an unemancipated minor, within any time, send a statement stating that fact to the creditor by the end of the 7th business day after receiving the earnings garnishment forms.

SB40-ASA1-AA1,440,13 IF THE DEBTOR SENDS YOU AN ANSWER

SB40-ASA1-AA1,440,17 3. Whenever you receive a debtor's answer form from the debtor, mail a copy of the answer form to the creditor by the end of the 3rd business day after receipt of that form. Include the date you received the answer form on the copy sent to the creditor.

SB40-ASA1-AA1,440,20 4. If the debtor's answer form claims a complete exemption or defense, do not withhold or pay to the creditor any part of the debtor's earnings under this garnishment unless you receive an order of the court directing you to do so.

SB40-ASA1-AA1,440,21 MULTIPLE EARNINGS GARNISHMENTS

SB40-ASA1-AA1,441,4 5. If the debtor's earnings are already being garnisheed when you receive this earnings garnishment, place this earnings garnishment into effect the pay period after the last of any prior earnings garnishments terminates. Notify the debtor of the amount of the garnishment and notify the creditor of the amount owed on the pending garnishments by the end of the 7th business day after you receive these forms. If there are no prior pending earnings garnishments against the debtor's earnings, place this earnings garnishment into effect the pay period after you receive it.

SB40-ASA1-AA1,441,5 EARNINGS GARNISHMENTS LAST 13 WEEKS,

SB40-ASA1-AA1,441,6 EXCEPT FOR PUBLIC EMPLOYEES

SB40-ASA1-AA1,441,16 6. The garnishment of the earnings of employees of the state of Wisconsin and its political subdivisions and of unemancipated minors remain in effect until the judgment is satisfied. The garnishment of earnings of other employees will affect the debtor's earnings for all pay periods beginning within 13 weeks after you receive it, unless the debtor's earnings are already being garnisheed. If this earnings garnishment is delayed under paragraph 5, above, it will affect the debtor's earnings for all pay periods beginning within 13 weeks after the first day of the pay period that you put this earnings garnishment into effect. If the amount claimed by the creditor is fully paid before the end of the 13 weeks, this earnings garnishment will terminate at that point.

SB40-ASA1-AA1,441,17 PAYING THE CREDITOR

SB40-ASA1-AA1,441,20 7. Between 5 and 10 business days after each payday of a pay period affected by this earnings garnishment, pay the creditor 20% of the debtor's disposable earnings for that pay period. Payment is complete upon mailing.

SB40-ASA1-AA1,441,21 EFFECT OF COURT-ORDERED

SB40-ASA1-AA1,441,22 ASSIGNMENTS FOR SUPPORT

SB40-ASA1-AA1,442,5 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.

SB40-ASA1-AA1,442,6 EXTENSIONS

SB40-ASA1-AA1,442,14 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 the debtor is an adult or an emancipated minor. 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.

SB40-ASA1-AA1, s. 3759r Section 3759r. 812.44 (4) (form) of the statutes is amended to read:

SB40-ASA1-AA1,442,16 812.44 (4) (form)

SB40-ASA1-AA1,442,17 STATE OF WISCONSIN

SB40-ASA1-AA1,442,18 CIRCUIT COURT:.... County

SB40-ASA1-AA1,442,20 A.B., Creditor

SB40-ASA1-AA1,442,21 vs. File or Reference Number....

SB40-ASA1-AA1,442,22 C.D., Debtor EXEMPTION NOTICE

SB40-ASA1-AA1,442,23 and EARNINGS GARNISHMENT

SB40-ASA1-AA1,442,24 E.F., Garnishee

SB40-ASA1-AA1,443,1 To the debtor:

SB40-ASA1-AA1,443,7 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.

SB40-ASA1-AA1,443,8 The total amount of the creditor's claim is as follows:

SB40-ASA1-AA1,443,9 Unpaid balance on judgment $....

SB40-ASA1-AA1,443,10 Unpaid postjudgment interest $....

SB40-ASA1-AA1,443,11 Costs:

SB40-ASA1-AA1,443,12 a. Garnishment filing fee $....

SB40-ASA1-AA1,443,13 b. Garnishee fee $....

SB40-ASA1-AA1,443,14 c. Service of process (estimate) $....

SB40-ASA1-AA1,443,15 TOTAL $....

SB40-ASA1-AA1,443,18 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.

SB40-ASA1-AA1,443,19 Your earnings are completely exempt from garnishment if:

SB40-ASA1-AA1,443,21 1. Your household income is below the federal poverty level. See the enclosed schedules and worksheet to determine if you qualify for this exemption.

SB40-ASA1-AA1,444,2 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.

SB40-ASA1-AA1,444,4 3. At least 25% of your disposable earnings are assigned by court order for support.

SB40-ASA1-AA1,444,9 4. You are a minor, other than an emancipated minor, and the judgment that the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge entered under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes by the court assigned to exercise jurisdiction under chapters 48 and 938 of the Wisconsin Statutes.

SB40-ASA1-AA1,444,12 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.

SB40-ASA1-AA1,444,16 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.

SB40-ASA1-AA1,444,18 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

SB40-ASA1-AA1,444,22 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.

SB40-ASA1-AA1,444,23 IF YOU NEED ASSISTANCE

SB40-ASA1-AA1,444,24 CONSULT AN ATTORNEY

SB40-ASA1-AA1,445,9 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 If you are an adult or an emancipated minor, 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. If you are an unemancipated minor, this earnings garnishment affects your earnings after it was served on the garnishee and until the amount that the creditor is seeking in the garnishment is paid in full.

SB40-ASA1-AA1,445,10 PENALTIES

SB40-ASA1-AA1,445,13 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.

SB40-ASA1-AA1, s. 3759s Section 3759s. 812.44 (5) (form) of the statutes is amended to read:

SB40-ASA1-AA1,445,15 812.44 (5) (form)

SB40-ASA1-AA1,445,16 STATE OF WISCONSIN

SB40-ASA1-AA1,445,17 CIRCUIT COURT:.... County

SB40-ASA1-AA1,445,19 A.B., Creditor

SB40-ASA1-AA1,445,20 vs. File or Reference Number....

SB40-ASA1-AA1,445,21 C.D., Debtor EARNINGS GARNISHMENT

SB40-ASA1-AA1,445,22 and DEBTOR'S ANSWER

SB40-ASA1-AA1,445,23 E.F., Garnishee

SB40-ASA1-AA1,445,25 To the garnishee:

SB40-ASA1-AA1,446,1 My earnings are COMPLETELY EXEMPT from earnings garnishment because:

SB40-ASA1-AA1,446,2 ... 1. The judgment has been paid or is void.

SB40-ASA1-AA1,446,8 ... 2. (5) (form) paragraph 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.

SB40-ASA1-AA1,446,9 ... 3. At least 25% of my disposable earnings are assigned for support by court order.

SB40-ASA1-AA1,446,11 ... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.

SB40-ASA1-AA1,446,16 ... 4m. I am not an emancipated minor and the judgment that the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge entered under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes by the court assigned to exercise jurisdiction under chapters 48 and 938 of the Wisconsin Statutes.

SB40-ASA1-AA1,446,17 ... 5. I have another defense to this earnings garnishment (explain briefly).

SB40-ASA1-AA1,446,21 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.

SB40-ASA1-AA1,446,22 DATE .... Signature of Debtor ....

SB40-ASA1-AA1,446,23 Address ....

SB40-ASA1-AA1,446,24 Telephone Number ....

SB40-ASA1-AA1,446,25 Date Received by Garnishee ....".

SB40-ASA1-AA1,447,1 2033. Page 1530, line 3: delete lines 3 to 8.

SB40-ASA1-AA1,447,2 2034. Page 1530, line 9: delete lines 9 to 15.

SB40-ASA1-AA1,447,3 2035. Page 1530, line 16: delete lines 16 to 20.

SB40-ASA1-AA1,447,4 2036. Page 1530, line 21: delete lines 21 to 24.

SB40-ASA1-AA1,447,5 2037. Page 1531, line 1: delete lines 1 to 24.

SB40-ASA1-AA1,447,6 2038. Page 1531, line 24: after that line insert:

SB40-ASA1-AA1,447,8 " Section 3767m. 823.02 of the statutes is renumbered 823.02 (1) and amended to read:

SB40-ASA1-AA1,447,22 823.02 (1) An Except as provided in sub. (2), an action to enjoin a public nuisance may be commenced and prosecuted in the name of the state, either by the attorney general on information obtained by the department of justice, or upon the relation of a private individual, sewerage commission created under ss. 200.01 to 200.15 or a county, having first obtained leave therefor from the court. An action to enjoin a public nuisance may be commenced and prosecuted by a city, village, town or a metropolitan sewerage district created under ss. 200.21 to 200.65 in the name of the municipality or metropolitan sewerage district, and it is not necessary to obtain leave from the court to commence or prosecute the action. The same rule as to liability for costs shall govern as in other actions brought by the state. No stay of any order or judgment enjoining or abating, in any action under this section, may be had unless the appeal is taken within 5 days after notice of entry of the judgment or order or service of the injunction. Upon appeal and stay, the return to the court of appeals or supreme court shall be made immediately.

SB40-ASA1-AA1, s. 3767n Section 3767n. 823.02 (2) of the statutes is created to read:

SB40-ASA1-AA1,448,3 823.02 (2) The department of justice may not bring or join in an action under this section if the activity, use, or practice alleged to be a nuisance is not in violation of any state statute, rule, permit, or approval or local ordinance or regulation.".

SB40-ASA1-AA1,448,4 2039. Page 1532, line 1: delete lines 1 to 9.