RPN:cjs/jlg/pgt:jf
1999 - 2000 LEGISLATURE
December 13, 1999 - Introduced by Representatives Montgomery, Huebsch,
Albers, Gard, Goetsch, Gunderson, Hasenohrl, Ladwig, Olsen, Owens,
Rhoades, Seratti, Spillner, Suder, Sykora, Vrakas, Walker
and
Ziegelbauer, cosponsored by Senators Shibilski, Huelsman, Breske, Darling,
Erpenbach, Fitzgerald, Lazich, Plache, Rude
and Welch, by request of
Midwest Equipment Dealers Association, Midwest Hardware Association,
National Federation of Independent Business, Tavern League of Wisconsin,
Wisconsin Alliance of Hearing Professionals, Wisconsin Association of
Convenience Stores, Wisconsin Automobile and Truck Dealers Association,
Wisconsin Automotive Parts Association, Wisconsin Automotive Trade
Association, Wisconsin Civil Recovery Council, Wisconsin Collectors
Association, Wisconsin Grocers Association, Wisconsin Fitness and Health
Alliance, Wisconsin Independent Businesses, Inc., Wisconsin Jewelers
Association, Wisconsin Merchants Federation, Wisconsin Motorcycle Dealers
Association, Wisconsin Restaurant Association and Wisconsin Retail Lumber
Association. Referred to Committee on Judiciary and Personal Privacy.
AB620,2,2 1An Act to repeal 814.04 (1) (b); to amend 799.01 (1) (c), 799.01 (1) (d) (intro.),
2799.01 (2), 812.34 (1) (a), 812.34 (2) (a), 812.34 (2) (b) 1., 812.37 (1), 812.37 (2),
3812.38 (1) (b), 812.38 (2), 812.44 (3) (form) 3., 812.44 (4) (form) 1., 812.44 (4)
4(form) 3., 814.04 (1) (a), 814.04 (2), 814.07, 815.18 (3) (k), 895.035 (2), 895.80 (2),
5895.80 (3) (b), 943.24 (3) (b), 943.24 (3) (c), 943.245 (3), 943.245 (4), 943.50 (3),
6943.51 (3) and 943.51 (3m); to repeal and recreate 895.80 (3) (a) and 895.80
7(4); and to create 757.69 (1) (p), 812.34 (2) (c), 895.08, 895.80 (3) (c) and 895.80
8(6) of the statutes; relating to: parental liability for acts of their minor child,
9recovery of damages for certain criminal actions, increasing the jurisdictional
10amount in small claims court, powers of court commissioners, garnishment,
11attorney fees, exemption from execution of accounts, assignment of debt,

1earnings garnishment retail theft and recovery in actions involving worthless
2checks.
Analysis by the Legislative Reference Bureau
This bill increases the jurisdictional limit in small claims actions from $5,000
to $10,000.
Current law provides for limited payment of attorney fees by the unsuccessful
litigant to the successful litigant in all civil actions. In a civil action concerning
money damages or property, the successful litigant is entitled to attorney fees based
on the following schedule: - See PDF for table PDF
This bill changes the amount of attorney fees allowed in these cases as follows: - See PDF for table PDF
The bill also increases the amount of attorney fees recoverable in civil cases that
do not involve money damages or property from a maximum of $100 to a maximum
of $500.
Under current law, in civil cases certain disbursements, such as those made for
the costs of certified copies of public papers or records, postage and depositions, are
recoverable by the successful litigant, but are limited to $50 for each item. This bill
expands the list of disbursements that are recoverable to include such items as
overnight delivery and facsimile transmissions and increases the limit to $100 for
each item. The bill also increases the amount that a successful litigant may recover
for the cost of each expert witness testifying on behalf of the successful litigant from
$100 to $300 and for filing a motion from $50 to $300.
Under current law, the earnings exemption in earnings garnishment actions
provides that a debtor's earnings are totally exempt if the debtor's income is below
the poverty line or if the garnishment would cause that result. Under this bill, a
debtor's earnings are totally exempt if the debtor's income is below the poverty line,
but if the garnishment would result in the debtor's income being below the poverty
line, the amount garnished is limited to the debtor's income in excess of the poverty
line. The bill requires debtors who claim earnings exemptions to submit with their

answer to the garnishment the schedules and worksheets that were given to them
with the garnishment, plus any supporting documents. The bill restricts the
exemption from execution for depository accounts to those depository accounts that
are for the debtor's personal use.
The bill allows any person to assign a debt owed to that person for
consideration. The bill requires the person assigned a debt to notify the debtor
within 30 days of that assignment. Under the bill, if the notice is not sent within 30
days, the assignment is ineffective until the notice is sent. The person assigned the
debt may sue to recover the debt. The court may allow the payment of reasonable
attorney fees in those suits.
Under current law, a person who suffers damage as a result of certain crimes
against property may sue the person that caused the damage. Currently, the person
may recover treble damages plus the costs of the investigation and litigation. Under
the bill, the person may recover his or her actual damages, including the value of the
damaged property, the court costs, the costs of the investigation and litigation,
including attorney fees and the value of the time spent by an employe, and exemplary
damages of not more than three times the amount of actual damages. Any recovery
is reduced by any amount received as restitution.
Current law provides that the total amount a person may receive for exemplary
damages and attorney fees in an action to recover damages resulting from the
issuance of a worthless check or retail theft is limited to $500. This bill provides that
the $500 limit applies for each violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB620, s. 1 1Section 1. 757.69 (1) (p) of the statutes is created to read:
AB620,3,22 757.69 (1) (p) Hold hearings, make findings and issue orders under s. 812.38.
AB620, s. 2 3Section 2. 799.01 (1) (c) of the statutes is amended to read:
AB620,3,54 799.01 (1) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where
5the value of the property claimed does not exceed $5,000 $10,000.
AB620, s. 3 6Section 3. 799.01 (1) (d) (intro.) of the statutes is amended to read:
AB620,3,87 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount
8claimed is $5,000 $10,000 or less, if the actions or proceedings are:
AB620, s. 4 9Section 4. 799.01 (2) of the statutes is amended to read:
AB620,4,4
1799.01 (2) Permissive use of small claims procedure. A taxing authority may
2use the procedure in this chapter in an action to recover a tax from a person liable
3for that tax where the amount claimed, including interest and penalties, is $5,000
4$10,000 or less. This chapter is not the exclusive procedure for those actions.
AB620, s. 5 5Section 5. 812.34 (1) (a) of the statutes is amended to read:
AB620,4,76 812.34 (1) (a) Was ordered by a court under s. 128.21 or by a court of bankruptcy
7under Title 11, USC 1301 to 1330.
AB620, s. 6 8Section 6. 812.34 (2) (a) of the statutes is amended to read:
AB620,4,119 812.34 (2) (a) Unless the court grants relief under s. 812.38 (2) or par. (b) or (c)
10applies, 80% of the debtor's disposable earnings are exempt from garnishment under
11this subchapter.
AB620, s. 7 12Section 7. 812.34 (2) (b) 1. of the statutes is amended to read:
AB620,4,1413 812.34 (2) (b) 1. The debtor's household income is below the poverty line, or the
14garnishment would cause that result
; or
AB620, s. 8 15Section 8. 812.34 (2) (c) of the statutes is created to read:
AB620,4,1916 812.34 (2) (c) If the garnishment of 20% of the debtor's disposable income under
17this subchapter would result in the debtor's household income being below the
18poverty line, the amount of the garnishment is limited to the debtor's household
19income in excess of the poverty line before the garnishment is in effect.
AB620, s. 9 20Section 9. 812.37 (1) of the statutes is amended to read:
AB620,5,521 812.37 (1) Except as provided in s. 812.34 (1), the debtor may claim an
22exemption under s. 812.34 (2) (b), a limit to the garnishment under s. 812.34 (2) (c),
23or may assert any defense to the earnings garnishment, by completing the answer
24form and delivering or mailing it to the garnishee, along with the schedules and
25worksheets provided under s. 812.35 (4) (b) and any other documents supporting his

1or her answer, such as a wage statement, a court order regarding the payment of
2support or a document showing the receipt of any of the benefits listed under s.
3812.44 (4) (form) 2
. The debtor or debtor's spouse may file an answer or an amended
4answer and documentation at any time before or during the effective period of the
5earnings garnishment.
AB620, s. 10 6Section 10. 812.37 (2) of the statutes is amended to read:
AB620,5,127 812.37 (2) Whenever the garnishee receives a debtor's answer or amended
8answer and the schedules, worksheets and other documents, the garnishee shall
9mail a copy of the answer, schedules, worksheets and any other documents the debtor
10included with the answer
to the creditor by the end of the 3rd business day after
11receiving the debtor's answer and documents, writing on that copy the date of receipt
12of the answer and documents by the garnishee.
AB620, s. 11 13Section 11. 812.38 (1) (b) of the statutes is amended to read:
AB620,5,1914 812.38 (1) (b) The debtor may file with the court a written petition for relief
15from the earnings garnishment if the exemption percentage under s. 812.34 (2) (a)
16is insufficient for the debtor to acquire the necessities of life for the debtor and his
17or her dependents. The petition shall state with reasonable specificity the grounds
18for the relief requested and shall include any additional information necessary to
19support the petition.
AB620, s. 12 20Section 12. 812.38 (2) of the statutes is amended to read:
AB620,6,1121 812.38 (2) A motion or petition under sub. (1) may be made at any time during
22the pendency of the earnings garnishment. Within 5 business days after a motion
23or petition is filed under sub. (1), the court shall schedule the matter for a hearing
24to be held as promptly as practicable. The court shall notify the parties of the time
25and place of the hearing. Upon conclusion of the hearing, the court shall make

1findings of fact and conclusions of law. If the debtor has failed to produce the
2schedules and worksheets or other documents necessary to support a claim for
3exemptions or other defenses, the court shall award the creditor his or her costs
4related to the motion in an amount of not less than $50. An award under this
5subsection may not substitute for or replace an award made under sub. (3).
The court
6shall make such order as required by these findings and conclusions. If the order
7permits the garnishment to proceed, the date on which the order is served upon the
8garnishee shall substitute for the original date of service of the garnishment upon
9the garnishee under s. 812.35 (3) for the purpose of determining any 13-week period
10under s. 812.35 (5) or (6). A court order shall bind the garnishee from the time the
11order is served upon him or her.
AB620, s. 13 12Section 13. 812.44 (3) (form) 3. of the statutes is amended to read:
AB620,6,1613 812.44 (3) (form) 3. Whenever you receive a debtor's answer form from the
14debtor, mail a copy of the answer form and any documents the debtor included with
15the answer
to the creditor by the end of the 3rd business day after receipt of that form.
16Include the date you received the answer form on the copy sent to the creditor.
AB620, s. 14 17Section 14. 812.44 (4) (form) 1. of the statutes is amended to read:
AB620,6,2018 812.44 (4) (form) 1. Your household income is below the federal poverty level,
19or this garnishment would cause that to happen. See the enclosed schedules and
20worksheet to determine if you qualify for this exemption.
AB620, s. 15 21Section 15. 812.44 (4) (form) 3. of the statutes is amended to read:
AB620,6,2322 812.44 (4) (form) 3. At least 25% of your disposable earnings are assigned by
23court order for support.
AB620,7,3
1If the garnishment of 20% of your disposable income would result in the income
2of your household being below the poverty line, the garnishment is limited to the
3amount of your household's income in excess of the poverty line.
AB620,7,104 If you qualify for a complete exemption or for a limit on the amount of the
5garnishment to the amount that your household's income exceeds the poverty line
,
6you must give or mail a copy of the enclosed debtor's answer form to the garnishee,
7along with the schedules and worksheets and any other documents supporting your
8answer, such as a wage statement, a court order regarding the payment of support
9or a document showing the receipt of any of the benefits listed under paragraph 2
10above
in order to receive that increased exemption.
AB620,7,1211 If your circumstances change while the garnishment is in effect, you may file
12a new answer at any time.
AB620,7,1613 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.
AB620,7,1817 IF YOU NEED ASSISTANCE
18 CONSULT AN ATTORNEY
AB620,7,2419 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.
AB620,7,2525 PENALTIES
AB620,8,3
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.
AB620, s. 16 4Section 16. 814.04 (1) (a) of the statutes is amended to read:
AB620,8,135 814.04 (1) (a) When the amount recovered or the value of the property involved
6is $1,000 or over equal to or greater than the maximum amount specified in s. 799.01
7(1) (d)
, attorney fees shall be $100 $750; when it is equal to or less than $1,000 and
8is $500 or over, $50
the maximum amount specified in s. 799.01 (1) (d), but is $5,000
9or more, attorney fees shall be $500
; when it is less than $500 and is $200 or over,
10$25; and when it is less than $200, $15
$5,000 and is $1,000 or more, attorney fees
11shall be $300; and when it is less than $1,000, attorney fees shall be $100. In all other
12cases in which there is no amount recovered or that do not involve property, attorney
13fees shall be $500
.
AB620, s. 17 14Section 17. 814.04 (1) (b) of the statutes is repealed.
AB620, s. 18 15Section 18. 814.04 (2) of the statutes is amended to read:
AB620,9,316 814.04 (2) Disbursements. All the necessary disbursements and fees allowed
17by law; the compensation of referees; a reasonable disbursement for the service of
18process or other papers in an action when the same are served by a person authorized
19by law other than an officer, but the item may not exceed the authorized sheriff's fee
20for the same service; amounts actually paid out for certified and other copies of
21papers and records in any public office; postage, telegraphing photocopying,
22telephoning, electronic communications, facsimile transmissions and express or
23overnight delivery
; depositions including copies; plats and photographs, not
24exceeding $50 $100 for each item; an expert witness fee not exceeding $100 $300 for
25each expert who testifies, exclusive of the standard witness fee and mileage which

1shall also be taxed for each expert; and in actions relating to or affecting the title to
2lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees
3shall not be taxed as a cost or disbursement.
AB620, s. 19 4Section 19. 814.07 of the statutes is amended to read:
AB620,9,7 5814.07 Costs on motion. Costs may be allowed on a motion, in the discretion
6of the court or judge, not exceeding $50 $300, and may be absolute or directed to abide
7the event of the action.
AB620, s. 20 8Section 20. 815.18 (3) (k) of the statutes is amended to read:
AB620,9,119 815.18 (3) (k) Depository accounts. Depository accounts in the aggregate value
10of $1,000, but only to the extent that the account is for the debtor's personal use and
11is not used as a business account
.
AB620, s. 21 12Section 21. 895.035 (2) of the statutes is amended to read:
AB620,9,2213 895.035 (2) The parent or parents with custody of a minor child, in any
14circumstances where he, she or they may not be liable under the common law, are
15liable for damages to property, for the cost of repairing or replacing property or
16removing the marking, drawing, writing or etching from property regarding a
17violation under s. 943.017, for the value of unrecovered stolen property or for
18personal injury attributable to a wilful, malicious or wanton act of the child. The
19parent or parents with custody of their minor child are jointly and severally liable
20with the child for the damages imposed under s. 895.80, 943.212, 943.24, 943.245
21or
943.51 for their child's violation of s. 943.01, 943.011, 943.012, 943.017, 943.20,
22943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
943.50 or 943.61.
AB620, s. 22 23Section 22. 895.08 of the statutes is created to read:
AB620,9,25 24895.08 Assignment of debt and right to sue. (1) Any person may assign
25a debt owed to that person to any other person, including a debt collection agency

1licensed by the department of financial institutions. That assignment shall be in
2writing for consideration and shall state the amount owed to the original creditor, the
3name of the debtor and the name of the person to whom the debt is assigned.
AB620,10,10 4(2) An assignee taking assignment of a debt under this section shall take the
5assignment of the debt in his or her own name as real parties in interest for the
6purpose of billing, collection and bringing suit in his or her own name. No suit
7regarding an assigned debt may be instituted on behalf of a collection agency in any
8court unless the collection agency appears by a duly authorized and licensed attorney
9at law. When a suit is commenced under this subsection, the court may authorize
10payment of reasonable attorney fees and costs to the prevailing party.
AB620,10,15 11(3) The person assigned a debt under this section shall send notice to the debtor
12of the assignment by mail at the debtor's last known address within 30 calendar days
13after making the assignment. If the person assigned the debt fails to send a notice
14to the debtor within the time period required by this subsection, the assignment may
15not be effective until the notice is sent to the debtor.
AB620, s. 23 16Section 23. 895.80 (2) of the statutes is amended to read:
AB620,10,2317 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person
18who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.011,
19943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
20943.50 or 943.61
by a preponderance of the credible evidence. A conviction under s.
21943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34,
22943.395, 943.41, 943.50 or 943.61 is not required to bring an action, obtain a
23judgment or collect on that judgment under this section.
AB620, s. 24 24Section 24. 895.80 (3) (a) of the statutes is repealed and recreated to read:
AB620,11,4
1895.80 (3) (a) Actual damages, including the retail or replacement value of
2damaged, used or lost property, whichever is greater, for a violation of s. 943.01,
3943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395,
4943.41, 943.50 or 943.61.
AB620, s. 25 5Section 25. 895.80 (3) (b) of the statutes is amended to read:
AB620,11,86 895.80 (3) (b) All costs of investigation and litigation that were reasonably
7incurred, including the value of the time spent by any employe or agent of the victim,
8court costs and reasonable attorney fees
.
AB620, s. 26 9Section 26. 895.80 (3) (c) of the statutes is created to read:
AB620,11,1210 895.80 (3) (c) Exemplary damages of not more than 3 times the amount
11awarded under par. (a). No additional proof is required under this section for an
12award of exemplary damages under this paragraph.
AB620, s. 27 13Section 27. 895.80 (4) of the statutes is repealed and recreated to read:
AB620,11,1514 895.80 (4) Any recovery under this section shall be reduced by the amount
15recovered as restitution under ss. 800.093 and 973.20 and ch. 938.
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