AB966: Bill Text

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.

AB966, s. 49 Section 49. 885.02 (1) (form) of the statutes is amended to read:

AB966,68,5 885.02 (1) (form)

AB966,68,6 Subpoena

AB966,68,7 State of Wisconsin

AB966,68,8 .... County

AB966,68,9 The State of Wisconsin, To ....:

AB966,68,17 You are hereby required to appear before .... (designating the court, officer or person and place of appearance), on the .... day of ...., at .... o'clock in the .... noon of that day, to give evidence in a certain cause then and there to be tried between ...., plaintiff, and ...., defendant, on the part of the .... (or to give evidence in the matter [state sufficient to identify the matter or proceeding in which the evidence is to be given] then and there to be heard, on the part of ....). Failure to appear may result in punishment for contempt which may include monetary penalties, imprisonment and other sanctions.

AB966,68,18 Given under my hand this .... day of ...., 19.. .... (year).

AB966,68,19 ....(Give official title)

AB966, s. 50 Section 50. 968.04 (3) (a) 7. (form) of the statutes is amended to read:

AB966,68,21 968.04 (3) (a) 7. The warrant shall be in substantially the following form:

AB966,68,22 STATE OF WISCONSIN,

AB966,68,23 .... County

AB966,68,24 State of Wisconsin

AB966,68,25 vs.

AB966,69,1 .... (Defendant(s))

AB966,69,2 THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:

AB966,69,5 A complaint, copy of which is attached, having been filed with me accusing the defendant(s) of committing the crime of .... contrary to sec. ...., Stats., and I having found that probable cause exists that the crime was committed by the defendant(s).

AB966,69,7 You are, therefore, commanded to arrest the defendant(s) and bring .... before me, or, if I am not available, before some other judge of this county.

AB966,69,8 Dated ...., 19.. .... (year).

AB966,69,9 ....(Signature)

AB966,69,10 ....(Title)

AB966, s. 51 Section 51. 968.04 (3) (b) 3. a. (form) of the statutes is amended to read:

AB966,69,12 968.04 (3) (b) 3. a. (form)

AB966,69,13 STATE OF WISCONSIN,

AB966,69,14 .... County

AB966,69,15 State of Wisconsin

AB966,69,16 vs.

AB966,69,17 .... (Defendant)

AB966,69,18 THE STATE OF WISCONSIN TO SAID DEFENDANT:

AB966,69,21 A complaint, copy of which is attached, having been filed with me accusing the defendant of committing the crime of .... contrary to sec. ...., Stats., and I having found that probable cause exists that the crime was committed by the defendant.

AB966,69,25 You, ...., are, therefore, summoned to appear before Branch .... of the .... court of .... County at the courthouse in the City of .... to answer said complaint, on ...., 19.. .... (year), at .... o'clock in the .... noon, and in case of your failure to appear, a warrant for your arrest will be issued.

AB966,70,1 Dated ...., 19.. .... (year).