LRB-3357/1
MJL:lmk:rs
2005 - 2006 LEGISLATURE
September 7, 2005 - Introduced by Senator Ellis, cosponsored by Representative
Hahn, by request of Ken Tschantz. Referred to Committee on Judiciary,
Corrections and Privacy.
SB319,1,2 1An Act to amend 812.04 (2), 812.05 (1), 812.05 (2) and 812.13 (1) of the statutes;
2relating to: recovery of costs in nonearnings garnishments.
Analysis by the Legislative Reference Bureau
Current law permits a creditor in a garnishment of earnings to recover all costs
associated with the action, but permits a creditor to recover not more than $40 of
costs in a nonearnings garnishment. This bill removes this $40 limit on the recovery
of costs in a nonearnings garnishment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB319, s. 1 3Section 1. 812.04 (2) of the statutes is amended to read:
SB319,1,44 812.04 (2) The garnishee summons shall be substantially in the following form:
SB319,1,55 STATE OF WISCONSIN
SB319,1,66 .... COURT
SB319,1,77 .... COUNTY
SB319,1,88 A. B., Plaintiff
SB319,2,1
1vs.
SB319,2,22 C. D., Defendant
SB319,2,33 and
SB319,2,44 E. F., Garnishee
SB319,2,55 The State of Wisconsin, to the garnishee:
SB319,2,96 You are hereby summoned, as garnishee of the defendant, C. D., and required,
7within 20 days after the service of this summons and the annexed complaint upon
8you, exclusive of the day of service, to answer, whether you are indebted to or have
9in your possession or under your control any property belonging to the defendant.
SB319,2,2210 IF YOU ARE INDEBTED TO THE DEFENDANT FOR PAYMENT FOR THE
11SALE OF AGRICULTURAL PRODUCTS, YOU ARE ORDERED TO PAY THE
12PRESCRIBED AMOUNT TO THE DEFENDANT. YOU ARE ORDERED TO
13RETAIN FROM THE BALANCE THE AMOUNT OF THE PLAINTIFF'S CLAIM
14AND DISBURSEMENTS, AS STATED IN THE ANNEXED COMPLAINT
15PENDING THE FURTHER ORDER OF THE COURT. ANY EXCESS
16INDEBTEDNESS SHALL NOT BE SUBJECT TO THE GARNISHMENT. IF YOU
17HAVE PROPERTY BELONGING TO THE DEFENDANT AND THE AMOUNT OF
18INDEBTEDNESS RETAINED IS LESS THAN THE AMOUNT CLAIMED AND
19DISBURSEMENTS, YOU ARE TO RETAIN THE PROPERTY PENDING THE
20FURTHER ORDER OF THE COURT, EXCEPT AS PROVIDED IN SECTION
21812.18 (3) OF THE WISCONSIN STATUTES. THE AMOUNT RETAINED BY YOU
22FOR THE PLAINTIFF'S DISBURSEMENTS MAY NOT EXCEED $40.
SB319,3,223 You are further required to serve a copy of your answer to the garnishee
24complaint on the undersigned attorney and to file your original answer with the clerk
25of this court, within the 20-day period. In case of your failure to answer, judgment

1will be entered against you for the amount of plaintiff's judgment against the
2defendant and costs, of which the defendant will also take notice.
SB319,3,73 If the property which is the subject of this garnishment action is the proceeds
4from the sale of crops, livestock, dairy products or another product grown or produced
5by a person or by his or her minor children, you must pay over to the principal
6defendant the appropriate amount under section 812.18 (2m) (b) of the Wisconsin
7Statutes.
SB319,3,88 Dated this .... day of ...., .... (year)
SB319,3,99 Clerk of .... Court
SB319,3,1010 (Seal)
SB319,3,1111 Attorney for Plaintiff:
SB319,3,1212 ....
SB319,3,1313 P. O. Address
SB319,3,1414 ....
SB319,3,1515 ....
SB319, s. 2 16Section 2. 812.05 (1) of the statutes is amended to read:
SB319,3,2517 812.05 (1) The garnishee complaint in a garnishment action before judgment
18must allege the existence of one of the grounds for garnishment mentioned in s.
19812.02 (1) (a), the amount of the plaintiff's claim against the defendant and
20disbursements, not to exceed $40, above all offsets , known to the plaintiff, and that
21plaintiff believes that the named garnishee is indebted to or has property in his or
22her possession or under his or her control, other than earnings, as defined under s.
23812.30 (7), belonging to the defendant (naming him or her) and that the indebtedness
24or property is, to the best of plaintiff's knowledge and belief, not exempt from
25execution.
SB319, s. 3
1Section 3. 812.05 (2) of the statutes is amended to read:
SB319,4,102 812.05 (2) The garnishee complaint in a garnishment action after judgment
3must allege the existence of the grounds for garnishment mentioned in s. 812.02 (1)
4(b), and the name and location of the court, case number, if any, date of entry and
5amount of the judgment on which the garnishment action is based, the amount of the
6plaintiff's claim against the defendant and disbursements, not to exceed $40, above
7all offsets known to the plaintiff, and that plaintiff believes that the named garnishee
8is indebted to or has property in his or her possession or under his or her control
9belonging to the defendant (naming him or her) and that the indebtedness or
10property is, to the best of plaintiff's knowledge and belief, not exempt from execution.
SB319, s. 4 11Section 4. 812.13 (1) of the statutes is amended to read:
SB319,4,1812 812.13 (1) If the answer shows a debt due to the defendant, the garnishee may
13pay the debt or an amount sufficient to cover the plaintiff's claim, as stated in the
14garnishee complaint, and disbursements, not to exceed $40, to the clerk of the court.
15If prior to so doing, the plaintiff in writing requests the garnishee to pay the sum to
16the clerk, the garnishee shall, within 5 days after receipt of the request, pay the sum
17to the clerk. The clerk shall give a receipt for payment to the garnishee. The payment
18shall discharge the garnishee of all liability for the amount paid.
SB319, s. 5 19Section 5. Initial applicability.
SB319,4,2120 (1) This act first applies to a garnishment action commenced on the effective
21date of this section.
SB319, s. 6 22Section 6. Effective date.
SB319,4,2423 (1) This act takes effect on the first day of the 4th month beginning after
24publication.
SB319,4,2525 (End)
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