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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
7in order to receive that increased exemption.
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If your circumstances change while the garnishment is in effect, you may file
9a 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
11the necessities of life for yourself and your dependents if your earnings are reduced
12by this earnings garnishment, you may ask the court in which this earnings
13garnishment 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
17defense, the sooner you file your answer or seek relief from the court, the sooner such
18relief can be provided.
This If you are an adult or an emancipated minor, this 19earnings garnishment affects your earnings in pay periods beginning within 13
20weeks after it was served on the garnishee. You may agree in writing with the
21creditor to extend it for additional 13-week periods until the debt is paid.
If you are
22an unemancipated minor, this earnings garnishment affects your earnings after it
23was served on the garnishee and until the amount that the creditor is seeking in the
24garnishment is paid in full.
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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.
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4Section
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
19received, aid to families with dependent children, relief funded by a relief block grant
20under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin
21Statutes, medical assistance, supplemental security income, food stamps, or
22veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of the
23Wisconsin Statutes.
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... 3. At least 25% of my disposable earnings are assigned for support by court order.
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1... 4. My household income is less than the poverty line, or this garnishment would
2cause that to happen.
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3... 4m. I am not an emancipated minor and the judgment that the creditor is seeking
4to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge
5entered under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes by the court
6assigned to exercise jurisdiction under chapters 48 and 938 of the Wisconsin
7Statutes.
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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
12be 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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Address ....
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Telephone Number ....
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Date Received by Garnishee ....
