AB34: Bill Text

AB34,9,12 C.D., Debtor EXEMPTION NOTICE

AB34,9,13 and EARNINGS GARNISHMENT

AB34,9,14 E.F., Garnishee

AB34,9,16 To the debtor:

AB34,9,22 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., .... (year) That judgment not having been fully paid, the creditor has now filed a garnishment proceeding against your earnings from the garnishee. This means that the creditor is seeking to take some of your earnings to satisfy part or all of the judgment against you or your spouse.

AB34,9,23 The total amount of the creditor's claim is as follows:

AB34,9,24 Unpaid balance on judgment $....

AB34,9,25 Unpaid postjudgment interest $....

AB34,10,1 Costs:

AB34,10,2 a. Garnishment filing fee $....

AB34,10,3 b. Garnishee fee $....

AB34,10,4 c. Service of process (estimate) $....

AB34,10,5 TOTAL $....

AB34,10,8 By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.

AB34,10,9 Your earnings are completely exempt from garnishment if:

AB34,10,11 1. Your household income is below the federal poverty level. See the enclosed schedules and worksheet to determine if you qualify for this exemption.

AB34,10,16 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB34,10,18 3. At least 25% of your disposable earnings are assigned by court order for support.

AB34,10,23 4. You are a minor, other than an emancipated minor, and the judgment that the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge entered under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes by the court assigned to exercise jurisdiction under chapters 48 and 938 of the Wisconsin Statutes.

AB34,11,3 If the garnishment of 20% of your disposable income would result in the income of your household being below the poverty line, the garnishment is limited to the amount of your household's income in excess of the poverty line.

AB34,11,7 If you qualify for a complete exemption or for a limit on the amount of the garnishment to the amount that your household's income exceeds the poverty line, you must give or mail a copy of the enclosed debtor's answer form to the garnishee in order to receive that increased exemption.

AB34,11,9 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB34,11,13 If you do not qualify for a complete exemption, but you will not be able to acquire the necessities of life for yourself and your dependents if your earnings are reduced by this earnings garnishment, you may ask the court in which this earnings garnishment was filed to increase your exemption or grant you other relief.

AB34,11,14 IF YOU NEED ASSISTANCE

AB34,11,15 CONSULT AN ATTORNEY

AB34,11,24 If you have earnings that are being garnisheed that are exempt or subject to a defense, the sooner you file your answer or seek relief from the court, the sooner such relief can be provided. This If you are an adult or an emancipated minor, this earnings garnishment affects your earnings in pay periods beginning within 13 weeks after it was served on the garnishee. You may agree in writing with the creditor to extend it for additional 13-week periods until the debt is paid. If you are an unemancipated minor, this earnings garnishment affects your earnings after it was served on the garnishee and until the amount that the creditor is seeking in the garnishment is paid in full.

AB34,11,25 PENALTIES

AB34,12,3 If you wrongly claim an exemption or defense in bad faith, or if the creditor wrongly objects to your claim in bad faith, the court may order the person who acted in bad faith to pay court costs, actual damages and reasonable attorney fees.

AB34, s. 10 Section 10. 812.44 (5) (form) of the statutes is amended to read:

AB34,12,5 812.44 (5) (form)

AB34,12,6 STATE OF WISCONSIN

AB34,12,7 CIRCUIT COURT:.... County

AB34,12,9 A.B., Creditor

AB34,12,10 vs. File or Reference Number....

AB34,12,11 C.D., Debtor EARNINGS GARNISHMENT

AB34,12,12 and DEBTOR'S ANSWER

AB34,12,13 E.F., Garnishee

AB34,12,15 To the garnishee:

AB34,12,16 My earnings are COMPLETELY EXEMPT from earnings garnishment because:

AB34,12,17 ... 1. The judgment has been paid or is void.

AB34,12,23 ... 2. (5) (form) paragraph 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

AB34,12,24 ... 3. At least 25% of my disposable earnings are assigned for support by court order.

AB34,13,2 ... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.

AB34,13,7 ... 4m. I am not an emancipated minor and the judgment that the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge entered under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes by the court assigned to exercise jurisdiction under chapters 48 and 938 of the Wisconsin Statutes.

AB34,13,8 ... 5. I have another defense to this earnings garnishment (explain briefly).

AB34,13,12 I understand that if I claim a complete exemption or defense in bad faith, I may be held liable to the creditor for actual damages, costs and reasonable attorney fees.

AB34,13,13 DATE .... Signature of Debtor ....

AB34,13,14 Address ....

AB34,13,15 Telephone Number ....

AB34,13,16 Date Received by Garnishee ....

AB34,13,17 (End)