AB966: Bill Text

AB966,61,25 The State of Wisconsin, to the garnishee:

AB966,62,4 You are hereby summoned, as garnishee of the defendant, C. D., and required, within 20 days after the service of this summons and the annexed complaint upon you, exclusive of the day of service, to answer, whether you are indebted to or have in your possession or under your control any property belonging to the defendant.

AB966,62,17 IF YOU ARE INDEBTED TO THE DEFENDANT FOR PAYMENT FOR THE SALE OF AGRICULTURAL PRODUCTS, YOU ARE ORDERED TO PAY THE PRESCRIBED AMOUNT TO THE DEFENDANT. YOU ARE ORDERED TO RETAIN FROM THE BALANCE THE AMOUNT OF THE PLAINTIFF'S CLAIM AND DISBURSEMENTS, AS STATED IN THE ANNEXED COMPLAINT PENDING THE FURTHER ORDER OF THE COURT. ANY EXCESS INDEBTEDNESS SHALL NOT BE SUBJECT TO THE GARNISHMENT. IF YOU HAVE PROPERTY BELONGING TO THE DEFENDANT AND THE AMOUNT OF INDEBTEDNESS RETAINED IS LESS THAN THE AMOUNT CLAIMED AND DISBURSEMENTS, YOU ARE TO RETAIN THE PROPERTY PENDING THE FURTHER ORDER OF THE COURT, EXCEPT AS PROVIDED IN SECTION 812.18 (3) OF THE WISCONSIN STATUTES. THE AMOUNT RETAINED BY YOU FOR THE PLAINTIFF'S DISBURSEMENTS MAY NOT EXCEED $40.

AB966,62,22 You are further required to serve a copy of your answer to the garnishee complaint on the undersigned attorney and to file your original answer with the clerk of this court, within the 20-day period. In case of your failure to answer, judgment will be entered against you for the amount of plaintiff's judgment against the defendant and costs, of which the defendant will also take notice.

AB966,63,2 If the property which is the subject of this garnishment action is the proceeds from the sale of crops, livestock, dairy products or another product grown or produced by a person or by his or her minor children, you must pay over to the principal defendant the appropriate amount under section 812.18 (2m) (b) of the Wisconsin Statutes.

AB966,63,3 Dated this .... day of ...., 19 .... (year)

AB966,63,4 Clerk of .... Court

AB966,63,5 (Seal)

AB966,63,6 Attorney for Plaintiff:

AB966,63,7 ....

AB966,63,8 P. O. Address

AB966,63,9 ....

AB966,63,10 ....

AB966, s. 46 Section 46. 812.07 (4) of the statutes is amended to read:

AB966,63,12 812.07 (4) Form of notice.

AB966,63,13 State of Wisconsin

AB966,63,14 .... Court

AB966,63,15 .... County

AB966,63,16 TO: ........

AB966,63,17 ........

AB966,63,18 ........

AB966,63,21 You are notified that an action has been commenced against you by .... on a claim of $.... and that your property in the hands of .... has been garnisheed to satisfy that claim.

AB966,63,25 Unless you demand a complaint as provided in the attached summons, or answer the garnishment complaint, a copy of which can be obtained from the undersigned, judgment will be taken against you and your property applied to pay the debt as provided by law.

AB966,64,1 Dated this .... day of .... 19 .... (year)

AB966,64,2 Plaintiff by: ....

AB966,64,3 Plaintiff's attorney

AB966,64,4 Address ....

AB966, s. 47 Section 47. 812.44 (2) (form) of the statutes is amended to read:

AB966,64,6 812.44 (2) (form)

AB966,64,7 STATE OF WISCONSIN

AB966,64,8 CIRCUIT COURT:.... County

AB966,64,10 A.B., Creditor File or Reference Number......

AB966,64,11 vs. EARNINGS

AB966,64,12 C.D., Debtor GARNISHMENT

AB966,64,13 and NOTICE

AB966,64,14 E.F., Garnishee

AB966,64,16 To the Clerk of Circuit Court:

AB966,64,24 Please take and file notice that the creditor has today commenced an earnings garnishment action under subchapter II of chapter 812 of the Wisconsin Statutes against the debtor and the garnishee to collect an unsatisfied civil judgment. The judgment was entered on the .... day of ...., 19.. .... (year), by .... (County Circuit or Federal District) Court. The case number of the action in which the judgment is entered is .... [and a transcript of the judgment was entered in this county in file number ....]. The creditor's total claim for the unsatisfied portion of this judgment plus statutory interest and costs is $....

AB966,65,2 The names and addresses last known to the creditor of the parties to this proceeding are as follows:

AB966,65,3 Debtor

AB966,65,4 Name: ....

AB966,65,5 Address: ....

AB966,65,6 Garnishee

AB966,65,7 Name: ....

AB966,65,8 Address: ....

AB966,65,9 Creditor

AB966,65,10 Name: ....

AB966,65,11 Address: ....

AB966,65,12 Creditor's Attorney

AB966,65,13 Name: ....

AB966,65,14 Address: ....

AB966,65,15 Signature of Creditor or Creditor's Attorney: ....

AB966,65,16 Date: ....

AB966, s. 48 Section 48. 812.44 (4) (form) of the statutes is amended to read:

AB966,65,18 812.44 (4) (form)

AB966,65,19 STATE OF WISCONSIN

AB966,65,20 CIRCUIT COURT:.... County

AB966,65,22 A.B., Creditor

AB966,65,23 vs. File or Reference Number....

AB966,65,24 C.D., Debtor EXEMPTION NOTICE

AB966,65,25 and EARNINGS GARNISHMENT

AB966,66,1 E.F., Garnishee

AB966,66,3 To the debtor:

AB966,66,9 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., 19.. .... (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.

AB966,66,10 The total amount of the creditor's claim is as follows:

AB966,66,11 Unpaid balance on judgment $....

AB966,66,12 Unpaid postjudgment interest $....

AB966,66,13 Costs:

AB966,66,14 a. Garnishment filing fee $....

AB966,66,15 b. Garnishee fee $....

AB966,66,16 c. Service of process (estimate) $....

AB966,66,17 TOTAL $....

AB966,66,20 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.

AB966,66,21 Your earnings are completely exempt from garnishment if:

AB966,66,24 1. Your household income is below the federal poverty level, or this garnishment would cause that to happen. See the enclosed schedules and worksheet to determine if you qualify for this exemption.

AB966,67,5 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 59.07 (154) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB966,67,7 3. At least 25% of your disposable earnings are assigned by court order for support.

AB966,67,10 If you qualify for a complete exemption, you must give or mail a copy of the enclosed debtor's answer form to the garnishee in order to receive that increased exemption.

AB966,67,12 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB966,67,16 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.

AB966,67,17 IF YOU NEED ASSISTANCE

AB966,67,18 CONSULT AN ATTORNEY

AB966,67,24 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.

AB966,67,25 PENALTIES

AB966,68,3 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.