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1CIRCUIT COURT:.... County
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A.B., Creditor
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vs. File or Reference Number....
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C.D., Debtor EXEMPTION NOTICE
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and EARNINGS GARNISHMENT
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E.F., Garnishee
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To the debtor:
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The creditor was awarded a judgment against you or your spouse by.... (County
11Circuit or Federal District) Court on the.... day of...., .... (year) That judgment not
12having been fully paid, the creditor has now filed a garnishment proceeding against
13your earnings from the garnishee. This means that the creditor is seeking to take
14some of your earnings to satisfy part or all of the judgment against you or your
15spouse.
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The total amount of the creditor's claim is as follows:
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Unpaid balance on judgment $....
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Unpaid postjudgment interest $....
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a. Garnishment filing fee $....
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b. Garnishee fee $....
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c. Service of process (estimate) $....
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1By law, you are entitled to an exemption of not less than 80% of your disposable
2earnings. Your "disposable earnings" are those remaining after social security and
3federal and state income taxes are withheld.
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Your earnings are completely exempt from garnishment if:
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1. Your household income is below the federal poverty level. See the enclosed
6schedules and worksheet to determine if you qualify for this exemption.
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2. You receive aid to families with dependent children, relief funded by a relief
8block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
9Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
10or veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of
11the Wisconsin Statutes, or have received these benefits within the past 6 months.
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3. At least 25% of your disposable earnings are assigned by court order for
13support.
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144. You are a minor, other than an emancipated minor, and the judgment that
15the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a
16forfeiture, or a surcharge entered by the juvenile court under section 895.035 (2m)
17(a) or (b) of the Wisconsin Statutes.
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If the garnishment of 20% of your disposable income would result in the income
19of your household being below the poverty line, the garnishment is limited to the
20amount of your household's income in excess of the poverty line.
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If you qualify for a complete exemption or for a limit on the amount of the
22garnishment to the amount that your household's income exceeds the poverty line,
23you must give or mail a copy of the enclosed debtor's answer form to the garnishee
24in order to receive that increased exemption.
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1If your circumstances change while the garnishment is in effect, you may file
2a new answer at any time.
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If you do not qualify for a complete exemption, but you will not be able to acquire
4the necessities of life for yourself and your dependents if your earnings are reduced
5by this earnings garnishment, you may ask the court in which this earnings
6garnishment was filed to increase your exemption or grant you other relief.
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IF YOU NEED ASSISTANCE
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CONSULT AN ATTORNEY
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If you have earnings that are being garnisheed that are exempt or subject to a
10defense, the sooner you file your answer or seek relief from the court, the sooner such
11relief can be provided.
This If you are an adult or an emancipated minor, this 12earnings garnishment affects your earnings in pay periods beginning within 13
13weeks after it was served on the garnishee. You may agree in writing with the
14creditor to extend it for additional 13-week periods until the debt is paid.
If you are
15an unemancipated minor, this earnings garnishment affects your earnings after it
16was served on the garnishee and until the amount that the creditor is seeking in the
17garnishment is paid in full.
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If you wrongly claim an exemption or defense in bad faith, or if the creditor
20wrongly objects to your claim in bad faith, the court may order the person who acted
21in bad faith to pay court costs, actual damages and reasonable attorney fees.
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22Section
10. 812.44 (5) (form) of the statutes is amended to read:
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812.44
(5) (form)
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STATE OF WISCONSIN
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CIRCUIT COURT:.... County
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A.B., Creditor
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vs. File or Reference Number....
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C.D., Debtor EARNINGS GARNISHMENT
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and DEBTOR'S ANSWER
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E.F., Garnishee
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To the garnishee:
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My earnings are COMPLETELY EXEMPT from earnings garnishment because:
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... 1. The judgment has been paid or is void.
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... 2.
(5) (form) paragraph 2. I receive, am eligible for, or have within 6 months
12received, aid to families with dependent children, relief funded by a relief block grant
13under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin
14Statutes, medical assistance, supplemental security income, food stamps, or
15veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of the
16Wisconsin Statutes.
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... 3. At least 25% of my disposable earnings are assigned for support by court order.
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... 4. My household income is less than the poverty line, or this garnishment would
19cause that to happen.
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20... 4m. I am not an emancipated minor and the judgment that the creditor is seeking
21to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge
22entered by the juvenile court under section 895.035 (2m) (a) or (b) of the Wisconsin
23Statutes.
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... 5. I have another defense to this earnings garnishment (explain briefly).
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I understand that if I claim a complete exemption or defense in bad faith, I may
3be held liable to the creditor for actual damages, costs and reasonable attorney fees.
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DATE .... Signature of Debtor ....
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Telephone Number ....
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Date Received by Garnishee ....
