Wisconsin Legislature: AB966,66,20

AB966,66,94 The creditor was awarded a judgment against you or your spouse by.... (County
5Circuit or Federal District) Court on the.... day of...., 19.. .... (year). That judgment
6not having been fully paid, the creditor has now filed a garnishment proceeding
7against your earnings from the garnishee. This means that the creditor is seeking
8to take some of your earnings to satisfy part or all of the judgment against you or your
9spouse.

AB966,66,1010 The total amount of the creditor's claim is as follows:

AB966,66,1111 Unpaid balance on judgment $....

AB966,66,1212 Unpaid postjudgment interest $....

AB966,66,1313 Costs:

AB966,66,1414 a. Garnishment filing fee $....

AB966,66,1515 b. Garnishee fee $....

AB966,66,1616 c. Service of process (estimate) $....

AB966,66,1717 TOTAL $....

AB966,66,2018 By law, you are entitled to an exemption of not less than 80% of your disposable
19earnings. Your "disposable earnings" are those remaining after social security and
20federal and state income taxes are withheld.

AB966,66,2121 Your earnings are completely exempt from garnishment if:

AB966,66,2422 1. Your household income is below the federal poverty level, or this
23garnishment would cause that to happen. See the enclosed schedules and worksheet
24to determine if you qualify for this exemption.

AB966,67,5

12. You receive aid to families with dependent children, relief funded by a relief
2block grant under ch. 49, relief provided by counties under section 59.07 (154) of the
3Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
4or veterans benefits based on need under USC 501 to 562 or section 45.351 (1) of the
5Wisconsin Statutes, or have received these benefits within the past 6 months.

AB966,67,76 3. At least 25% of your disposable earnings are assigned by court order for
7support.

AB966,67,108 If you qualify for a complete exemption, you must give or mail a copy of the
9enclosed debtor's answer form to the garnishee in order to receive that increased
10exemption.

AB966,67,1211 If your circumstances change while the garnishment is in effect, you may file
12a new answer at any time.

AB966,67,1613 If you do not qualify for a complete exemption, but you will not be able to acquire
14the necessities of life for yourself and your dependents if your earnings are reduced
15by this earnings garnishment, you may ask the court in which this earnings
16garnishment was filed to increase your exemption or grant you other relief.

AB966,67,1717 IF YOU NEED ASSISTANCE

AB966,67,1818 CONSULT AN ATTORNEY

AB966,67,2419 If you have earnings that are being garnisheed that are exempt or subject to a
20defense, the sooner you file your answer or seek relief from the court, the sooner such
21relief can be provided. This earnings garnishment affects your earnings in pay
22periods beginning within 13 weeks after it was served on the garnishee. You may
23agree in writing with the creditor to extend it for additional 13-week periods until
24the debt is paid.

AB966,67,2525 PENALTIES

AB966,68,3

1If you wrongly claim an exemption or defense in bad faith, or if the creditor
2wrongly objects to your claim in bad faith, the court may order the person who acted
3in bad faith to pay court costs, actual damages and reasonable attorney fees.

AB966, s. 49 4Section 49. 885.02 (1) (form) of the statutes is amended to read:

AB966,68,55 885.02 (1) (form)

AB966,68,6 6Subpoena

AB966,68,7 7State of Wisconsin

AB966,68,88 .... County

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

AB966,68,1710 You are hereby required to appear before .... (designating the court, officer or
11person and place of appearance), on the .... day of ...., at .... o'clock in the .... noon of
12that day, to give evidence in a certain cause then and there to be tried between ....,
13plaintiff, and ...., defendant, on the part of the .... (or to give evidence in the matter
14[state sufficient to identify the matter or proceeding in which the evidence is to be
15given] then and there to be heard, on the part of ....). Failure to appear may result
16in punishment for contempt which may include monetary penalties, imprisonment
17and other sanctions.

AB966,68,1818 Given under my hand this .... day of ...., 19.. .... (year).

AB966,68,1919 ....(Give official title)

AB966, s. 50 20Section 50. 968.04 (3) (a) 7. (form) of the statutes is amended to read:

AB966,68,2121 968.04 (3) (a) 7. The warrant shall be in substantially the following form:

AB966,68,2222 STATE OF WISCONSIN,

AB966,68,2323 .... County

AB966,68,2424 State of Wisconsin

AB966,68,2525 vs.

AB966,69,1

1.... (Defendant(s))

AB966,69,22 THE STATE OF WISCONSIN TO ANY LAW ENFORCEMENT OFFICER:

AB966,69,53 A complaint, copy of which is attached, having been filed with me accusing the
4defendant(s) of committing the crime of .... contrary to sec. ...., Stats., and I having
5found that probable cause exists that the crime was committed by the defendant(s).

AB966,69,76 You are, therefore, commanded to arrest the defendant(s) and bring .... before
7me, or, if I am not available, before some other judge of this county.

AB966,69,88 Dated ...., 19.. .... (year).

AB966,69,99 ....(Signature)

AB966,69,1010 ....(Title)

AB966, s. 51 11Section 51. 968.04 (3) (b) 3. a. (form) of the statutes is amended to read:

AB966,69,1212 968.04 (3) (b) 3. a. (form)

AB966,69,1313 STATE OF WISCONSIN,

AB966,69,1414 .... County

AB966,69,1515 State of Wisconsin

AB966,69,1616 vs.

AB966,69,1717 .... (Defendant)

AB966,69,1818 THE STATE OF WISCONSIN TO SAID DEFENDANT:

AB966,69,2119 A complaint, copy of which is attached, having been filed with me accusing the
20defendant of committing the crime of .... contrary to sec. ...., Stats., and I having found
21that probable cause exists that the crime was committed by the defendant.

AB966,69,2522 You, ...., are, therefore, summoned to appear before Branch .... of the .... court
23of .... County at the courthouse in the City of .... to answer said complaint, on ...., 19..
24.... (year), at .... o'clock in the .... noon, and in case of your failure to appear, a warrant
25for your arrest will be issued.

AB966,70,1

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

AB966,70,22 ....(Signature)

AB966,70,33 ....(Title)

AB966, s. 52 4Section 52. 968.04 (3) (b) 3. b. (form) of the statutes is amended to read:

AB966,70,55 968.04 (3) (b) 3. b. (form)

AB966,70,66 STATE OF WISCONSIN,

AB966,70,77 .... County

AB966,70,88 State of Wisconsin

AB966,70,99 vs.

AB966,70,1010 .... (Defendant)

AB966,70,1111 THE STATE OF WISCONSIN TO SAID DEFENDANT:

AB966,70,1312 A complaint, copy of which is attached, having been made before me accusing
13the defendant of committing the crime of .... contrary to sec. ...., Stats.

AB966,70,1714 You, ...., are, therefore, summoned to appear before Branch .... of the .... court
15of .... County at the courthouse in the City of .... to answer said complaint, on ...., 19..
16.... (year), at .... o'clock in the .... noon, and in case of your failure to appear, a warrant
17for your arrest may be issued.

AB966,70,1818 Dated ...., 19.. .... (year).

AB966,70,1919 .... (Signature)