SB446, s. 14 13Section 14. 812.38 (1) (b) of the statutes is amended to read:
SB446,7,1914 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.
SB446, s. 15 20Section 15. 812.38 (2) of the statutes is amended to read:
SB446,8,1121 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.
SB446, s. 16 12Section 16. 812.44 (3) (form) 3. of the statutes is amended to read:
SB446,8,1613 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 form
to the creditor by the end of the 3rd business day after receipt of that
16form. Include the date you received the answer form on the copy sent to the creditor.
SB446, s. 17 17Section 17. 812.44 (4) (form) 1. of the statutes is amended to read:
SB446,8,2018 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.
SB446, s. 18 21Section 18. 812.44 (4) (form) 3. of the statutes is amended to read:
SB446,8,2322 812.44 (4) (form) 3. At least 25% of your disposable earnings are assigned by
23court order for support.
SB446,9,3
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.
SB446,9,104 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.
SB446,9,1211 If your circumstances change while the garnishment is in effect, you may file
12a new answer at any time.
SB446,9,1613 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.
SB446,9,1817 IF YOU NEED ASSISTANCE
18 CONSULT AN ATTORNEY
SB446,9,2419 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.
SB446,9,2525 PENALTIES
SB446,10,3
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.
SB446, s. 19 4Section 19. 814.04 (1) (a) of the statutes is amended to read:
SB446,10,125 814.04 (1) (a) When the amount recovered or the value of the property involved
6is $1,000 or over greater than the maximum amount specified in s. 799.01 (1) (d),
7attorney fees shall be $100 $500; when it is equal to or less than $1,000 and is $500
8or over, $50
the maximum amount specified in s. 799.01 (1) (d), but is $1,000 or more,
9attorney fees shall be $300
; when it is less than $500 and is $200 or over, $25; and
10when it is less than $200, $15
$1,000, attorney fees shall be $100. In all other cases
11in which there is no amount recovered or that do not involve property, attorney fees
12shall be $300
.
SB446, s. 20 13Section 20. 814.04 (1) (b) of the statutes is repealed.
SB446, s. 21 14Section 21. 814.04 (2) of the statutes is amended to read:
SB446,11,215 814.04 (2) Disbursements. All the necessary disbursements and fees allowed
16by law; the compensation of referees; a reasonable disbursement for the service of
17process or other papers in an action when the same are served by a person authorized
18by law other than an officer, but the item may not exceed the authorized sheriff's fee
19for the same service; amounts actually paid out for certified and other copies of
20papers and records in any public office; postage, telegraphing photocopying,
21telephoning, electronic communications, facsimile transmissions, and express or
22overnight delivery
; depositions including copies; plats, and photographs, not
23exceeding $50 $100 for each item; an expert witness fee not exceeding $100 $300 for
24each expert who testifies, exclusive of the standard witness fee and mileage which
25shall also be taxed for each expert; and in actions relating to or affecting the title to

1lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees
2shall not be taxed as a cost or disbursement.
SB446, s. 22 3Section 22. 814.07 of the statutes is amended to read:
SB446,11,6 4814.07 Costs on motion. Costs may be allowed on a motion, in the discretion
5of the court or judge, not exceeding $50 $300, and may be absolute or directed to abide
6the event of the action.
SB446, s. 23 7Section 23. 814.634 (1) (b) of the statutes is amended to read:
SB446,11,138 814.634 (1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge
9and collect a $100 court support services fee from any person, including any
10governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or
11(3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and
12the amount claimed exceeds the amount under s. 799.01 (1) (d) or, if the claim is based
13on negligence, s. 799.01 (1) (e)
.
SB446, s. 24 14Section 24. 814.634 (1) (c) of the statutes is amended to read:
SB446,11,2115 814.634 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge
16and collect a $30 court support services fee from any person, including any
17governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or
18(b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying
19the fee seeks the recovery of money and the amount claimed is equal to or less than
20the amount under s. 799.01 (1) (d) or, if the claim is based on negligence, s. 799.01
21(1) (e)
.
SB446, s. 25 22Section 25. 815.18 (3) (k) of the statutes is amended to read:
SB446,11,2523 815.18 (3) (k) Depository accounts. Depository accounts in the aggregate value
24of $1,000, but only to the extent that the account is for the debtor's personal use and
25is not used as a business account
.
SB446, s. 26
1Section 26. 895.035 (2) of the statutes is amended to read:
SB446,12,112 895.035 (2) The parent or parents with custody of a minor child, in any
3circumstances where he, she, or they may not be liable under the common law, are
4liable for damages to property, for the cost of repairing or replacing property or
5removing the marking, drawing, writing, or etching from property regarding a
6violation under s. 943.017, for the value of unrecovered stolen property , or for
7personal injury attributable to a wilful, malicious, or wanton act of the child. The
8parent or parents with custody of their minor child are jointly and severally liable
9with the child for the damages imposed under s. 895.80, 943.212, 943.24, 943.245,
10or
943.51 for their child's violation of s. 943.01, 943.011, 943.012, 943.017, 943.20,
11943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
943.50 , or 943.61.
SB446, s. 27 12Section 27. 895.035 (4) of the statutes is amended to read:
SB446,12,2213 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s.
14943.51, the maximum recovery under this section from any parent or parents may
15not exceed the amount specified in s. 799.01 (1) (d) $5,000 for damages resulting from
16any one act of a juvenile in addition to taxable costs and disbursements and
17reasonable attorney fees, as determined by the court
under s. 814.04. If 2 or more
18juveniles in the custody of the same parent or parents commit the same act the total
19recovery under this section may not exceed the amount specified in s. 799.01 (1) (d)
20$5,000, in addition to taxable costs and disbursements under s. 814.04. The
21maximum recovery from any parent or parents for retail theft by their minor child
22is established under s. 943.51.
SB446, s. 28 23Section 28. 895.08 of the statutes is created to read:
SB446,13,3 24895.08 Suit by collection agency. In addition to the requirements of ss.
25801.09 (1), 801.095, 802.04 (1), and 815.05 (intro.), in an action brought by a

1collection agency under s. 218.04 (9j), the collection agency shall include in the
2caption, under its name, the names of the creditors on whose behalf the action is
3brought.
SB446, s. 29 4Section 29. 895.80 (1) of the statutes is amended to read:
SB446,13,125 895.80 (1) Any person who suffers damage or loss by reason of intentional
6conduct that occurs on or after November 1, 1995, and that is prohibited under s.
7943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 , or 943.61, or
8by reason of intentional conduct that occurs on or after April 28, 1998, and that is
9prohibited under s. 943.201, or by reason of intentional conduct that occurs on or
10after the effective date of this subsection .... [revisor inserts date], and that is
11prohibited under s. 943.011, 943.012, or 943.017,
has a cause of action against the
12person who caused the damage or loss.
SB446, s. 30 13Section 30. 895.80 (2) of the statutes is amended to read:
SB446,13,2014 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person
15who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.011,
16943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
17943.50, or 943.61
by a preponderance of the credible evidence. A conviction under
18s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34,
19943.395, 943.41, 943.50, or 943.61 is not required to bring an action, obtain a
20judgment, or collect on that judgment under this section.
SB446, s. 31 21Section 31. 895.80 (3) (a) of the statutes is repealed and recreated to read:
SB446,13,2522 895.80 (3) (a) Actual damages, including the retail or replacement value of
23damaged, used, or lost property, whichever is greater, for a violation of s. 943.01,
24943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395,
25943.41, 943.50, or 943.61.
SB446, s. 32
1Section 32. 895.80 (3) (b) of the statutes is amended to read:
SB446,14,42 895.80 (3) (b) All costs of investigation and litigation that were reasonably
3incurred, including the value of the time spent by any employee or agent of the
4victim
.
SB446, s. 33 5Section 33. 895.80 (3) (c) of the statutes is created to read:
SB446,14,86 895.80 (3) (c) Exemplary damages of not more than 3 times the amount
7awarded under par. (a). No additional proof is required under this section for an
8award of exemplary damages under this paragraph.
SB446, s. 34 9Section 34. 895.80 (4) of the statutes is repealed and recreated to read:
SB446,14,1110 895.80 (4) Any recovery under this section shall be reduced by the amount
11recovered as restitution under ss. 800.093 and 973.20 and ch. 938.
SB446, s. 35 12Section 35. 895.80 (6) of the statutes is created to read:
SB446,14,1413 895.80 (6) A person is not criminally liable under s. 943.30 for any action
14brought in good faith under this section.
SB446, s. 36 15Section 36. 938.245 (2) (a) 5. am. of the statutes is amended to read:
SB446,15,316 938.245 (2) (a) 5. am. That the parent who has custody, as defined in s. 895.035
17(1), of the juvenile make reasonable restitution for any damage to the property of
18another, or for any actual physical injury to another excluding pain and suffering,
19resulting from the act for which the deferred prosecution agreement is being entered
20into. Except for recovery for retail theft under s. 943.51, the maximum amount of any
21restitution ordered under this subd. 5. am. for damage or injury resulting from any
22one act of a juvenile or from the same act committed by 2 or more juveniles in the
23custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d)
24$5,000. Any order under this subd. 5. am. shall include a finding that the parent who
25has custody of the juvenile is financially able to pay the amount ordered and may

1allow up to the date of the expiration of the deferred prosecution agreement for the
2payment. Any recovery under this subd. 5. am. shall be reduced by the amount
3recovered as restitution for the same act under subd. 5. a.
SB446, s. 37 4Section 37. 938.32 (1t) (a) 1m. of the statutes is amended to read:
SB446,15,215 938.32 (1t) (a) 1m. If the petition alleges that the juvenile has committed a
6delinquent act that has resulted in damage to the property of another, or in actual
7physical injury to another excluding pain and suffering, the judge or juvenile court
8commissioner may require a parent who has custody, as defined in s. 895.035 (1), of
9the juvenile, as a condition of the consent decree, to make reasonable restitution for
10the damage or injury. Except for recovery for retail theft under s. 943.51, the
11maximum amount of any restitution ordered under this subdivision for damage or
12injury resulting from any one act of a juvenile or from the same act committed by 2
13or more juveniles in the custody of the same parent may not exceed the amount
14specified in s. 799.01 (1) (d)
$5,000. Any consent decree that includes a condition of
15restitution by a parent who has custody of the juvenile shall include a finding that
16the parent who has custody of the juvenile is financially able to pay the amount
17ordered and may allow up to the date of the expiration of the consent decree for the
18payment. Objection by the parent to the amount of damages claimed shall entitle the
19parent to a hearing on the question of damages before the amount of restitution is
20made part of the consent decree. Any recovery under this subdivision shall be
21reduced by the amount recovered as restitution for the same act under subd. 1.
SB446, s. 38 22Section 38. 938.45 (1r) (a) of the statutes is amended to read:
SB446,16,1123 938.45 (1r) (a) In a proceeding in which a juvenile has been found to have
24committed a delinquent act or a civil law or ordinance violation that has resulted in
25damage to the property of another, or in actual physical injury to another excluding

1pain and suffering, the court may order a parent who has custody, as defined in s.
2895.035 (1), of the juvenile to make reasonable restitution for the damage or injury.
3Except for recovery for retail theft under s. 943.51, the maximum amount of any
4restitution ordered under this paragraph for damage or injury resulting from any
5one act of a juvenile or from the same act committed by 2 or more juveniles in the
6custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d)
7$5,000. Any order under this paragraph shall include a finding that the parent who
8has custody of the juvenile is financially able to pay the amount ordered and may
9allow up to the date of expiration of the order for the payment. Any recovery under
10this paragraph shall be reduced by the amount recovered as restitution for the same
11act under s. 938.34 (5) or 938.343 (4).
SB446, s. 39 12Section 39. 938.45 (1r) (b) of the statutes is amended to read:
SB446,16,2213 938.45 (1r) (b) In a proceeding in which the court has determined under s.
14938.34 (8) or 938.343 (2) that the imposition of a forfeiture would be in the best
15interest of the juvenile and in aid of rehabilitation, the court may order a parent who
16has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The
17amount of any forfeiture ordered under this paragraph may not exceed the amount
18specified in s. 799.01 (1) (d)
$5,000. Any order under this paragraph shall include
19a finding that the parent who has custody of the juvenile is financially able to pay
20the amount ordered and shall allow up to 12 months after the date of the order for
21the payment. Any recovery under this paragraph shall be reduced by the amount
22recovered as a forfeiture for the same act under s. 938.34 (8) or 938.343 (2).
SB446, s. 40 23Section 40. 943.212 (7) of the statutes is amended to read:
SB446,17,3
1943.212 (7) Nothing in this section precludes a plaintiff from bringing the
2action under ch. 799 if the amount claimed is within the jurisdictional limits of s.
3799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).
SB446, s. 41 4Section 41. 943.24 (3) (b) of the statutes is amended to read:
SB446,17,95 943.24 (3) (b) Proof that, at the time of issuance, the person did not have
6sufficient funds or credit with the drawee and that the person failed within 5 days
7after receiving written notice of nonpayment or dishonor to pay the check or other
8order, delivered by regular mail to either the person's last-known address or the
9address provided on the check or other order
; or
SB446, s. 42 10Section 42. 943.24 (3) (c) of the statutes is amended to read:
SB446,17,1511 943.24 (3) (c) Proof that, when presentment was made within a reasonable
12time, the person did not have sufficient funds or credit with the drawee and the
13person failed within 5 days after receiving written notice of nonpayment or dishonor
14to pay the check or other order, delivered by regular mail to either the person's
15last-known address or the address provided on the check or other order
.
SB446, s. 43 16Section 43. 943.245 (3) of the statutes is amended to read:
SB446,17,1917 943.245 (3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for
18exemplary damages and reasonable attorney fees may not exceed $500 for each
19violation
.
SB446, s. 44 20Section 44. 943.245 (4) of the statutes is amended to read:
SB446,18,421 943.245 (4) At least 20 days prior to commencing an action, as specified in s.
22801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or
23her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the
24payee or holder of the check or order to the drawer by regular mail supported by an
25affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post

1office from which the mailing was made
. The plaintiff shall mail the notice to the
2defendant's last-known address or to the address provided on the check or order. If
3the defendant pays the check or order prior to the commencement of the action, he
4or she is not liable under this section.
SB446, s. 45 5Section 45. 943.245 (8) of the statutes is amended to read:
SB446,18,86 943.245 (8) Nothing in this section precludes a plaintiff from bringing the
7action under ch. 799 if the amount claimed is within the jurisdictional limits of s.
8799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).
SB446, s. 46 9Section 46. 943.51 (3) of the statutes is amended to read:
SB446,18,1210 943.51 (3) Notwithstanding sub. (2) and except as provided in sub. (3m), the
11total amount awarded for exemplary damages and reasonable attorney fees may not
12exceed $500 for each violation.
SB446, s. 47 13Section 47. 943.51 (3m) of the statutes is amended to read:
SB446,18,1714 943.51 (3m) Notwithstanding sub. (2), the total amount awarded for
15exemplary damages and reasonable attorney fees may not exceed $300 for each
16violation
if the action is brought against a minor or against the parent who has
17custody of their minor child for the loss caused by the minor.
SB446, s. 48 18Section 48. 943.51 (6) of the statutes is amended to read:
SB446,18,2119 943.51 (6) Nothing in this section precludes a plaintiff from bringing the action
20under ch. 799 if the amount claimed is within the jurisdictional limits of s. 799.01 (1)
21(d) or, if the claim is based on negligence, s. 799.01 (1) (e).
SB446, s. 49 22Section 49. Initial applicability.
SB446,18,2423 (1) Except as provided in subsection (2), this act first applies to actions
24commenced or claims made on the effective date of this subsection.
SB446,19,5
1(2) The treatment of sections 895.035 (2) and (4), 895.80 (1), (2), (3) (a), (b), and
2(c), (4), and (6), 938.245 (2) (a) 5. am., 938.32 (1t) (a) 1m., 938.45 (1r) (a) and (b),
3943.212 (7), 943.24 (3) (b) and (c), 943.245 (3), (4), and (8), and 943.51 (3), (3m), and
4(6) of the statutes first applies to violations committed on the effective date of this
5subsection.
SB446, s. 50 6Section 50. Effective date.
SB446,19,87 (1) This act takes effect on the first day of the 4th month beginning after
8publication.
SB446,19,99 (End)
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