2007 - 2008 LEGISLATURE
January 24, 2007 - Introduced by Representatives Owens, Hahn, Jeskewitz,
Musser, Townsend
and Vos, cosponsored by Senators Olsen, Roessler,
Schultz
and Grothman. Referred to Committee on Children and Family Law.
AB34,1,4 1An Act to amend 812.30 (8), 812.35 (5), 812.35 (6), 812.40, 812.44 (3) (form),
2812.44 (4) (form) and 812.44 (5) (form); and to create 812.30 (7m), 812.34 (2)
3(b) 3. and 812.35 (7) of the statutes; relating to: garnishment of the income of
4a minor.
Analysis by the Legislative Reference Bureau
Under current law, the court assigned to exercise jurisdiction under the
Juvenile Justice Code (juvenile court) may order a juvenile who has committed an
act resulting in damage to the property of another or in actual physical injury to
another, excluding pain and suffering, and a parent who has custody of the juvenile
to make reasonable restitution for that damage or injury. Current law also permits
the juvenile court to order a juvenile who has committed a delinquent act or who has
violated a civil law or ordinance and the parent of that juvenile to pay a forfeiture,
plus certain costs and surcharges. If a juvenile or a parent with custody of the
juvenile fails to pay restitution, costs, a forfeiture, or a surcharge as ordered, the
juvenile court may order that the amount of the unpaid restitution, costs, forfeiture,
or surcharge be entered and docketed as a judgment against the juvenile and parent.
Under current law, a person who has a civil judgment for a debt may bring an
action in circuit court to garnish the earnings of the person who owes the debt. The
creditor is required to comply with specified court procedures when bringing the
action, including serving one earnings garnishment form upon the debtor and the
other form upon the person who is the debtor's employer. Currently, the debtor may

claim an exemption from the garnishment or may assert a defense against the
garnishment.
Under current law, 80 percent of the debtor's disposable earnings (earnings left
after deducting social security, federal, and state taxes) are exempt from
garnishment. In addition, if the debtor's household income is below the poverty level
or if the debtor is receiving needs-based public assistance, all of the debtor's earnings
are exempt from garnishment. Currently, "household income" for purposes of this
exemption is defined to mean the disposable income of the debtor and the debtor's
dependents during the month in which the garnishment is in effect, plus any
unearned income received that month by the debtor and the debtor's dependents,
minus any of the debtor's earnings assigned by a family court order. The family court
may order the assignment of a person's earnings for the payment of child support,
family support, or maintenance.
Under this bill, if a debtor is an unemancipated minor who owes juvenile— court
ordered restitution, costs, a forfeiture, or a surcharge, "household income" of the
debtor includes the monthly unearned and disposable earnings of the debtor, the
debtor's parents, and the parents' dependents, minus any of the earnings of the
debtor and parent that are assigned by a family court. The bill, however, exempts
from garnishment all of an unemancipated minor's earnings if the judgment that the
creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a
forfeiture, or a surcharge entered by the juvenile court.
Under current law, an earnings garnishment lasts for 13 weeks or until the debt
is collected through the garnishment, whichever is less, except that for public
employees, the garnishment continues until the debt is paid in full. This bill provides
that the garnishment of a minor debtor who is not emancipated continues until the
debt is paid in full.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB34, s. 1 1Section 1. 812.30 (7m) of the statutes is created to read:
AB34,2,22 812.30 (7m) "Emancipated minor" has the meaning given in s. 48.375 (2) (e).
AB34, s. 2 3Section 2. 812.30 (8) of the statutes is amended to read:
AB34,3,54 812.30 (8) "Household income" means the disposable earnings of the debtor
5and dependents during any month in which the garnishment is in effect, plus
6unearned income received by the debtor and dependents in that month, less any of
7the debtor's earnings assigned by court order under ch. 767. If the debtor is a minor,
8other than an emancipated minor, "household income" means the disposable

1earnings of the debtor, of the parent that the debtor resides with for at least 50
2percent of the month, and of the parent's dependents during any month in which the
3garnishment is in effect, plus unearned income received by the debtor, the parent,
4and the parent's dependents in that month, less any of the debtor's and the parent's
5earnings assigned by court order under ch. 767.
AB34, s. 3 6Section 3. 812.34 (2) (b) 3. of the statutes is created to read:
AB34,3,107 812.34 (2) (b) 3. The debtor is a minor, other than an emancipated minor, and
8the judgment that the creditor is seeking to satisfy is not a judgment for unpaid
9restitution, costs, a forfeiture, or a surcharge entered under s. 895.035 (2m) (a) or (b)
10by the court assigned to exercise jurisdiction under chs. 48 and 938.
AB34, s. 4 11Section 4. 812.35 (5) of the statutes is amended to read:
AB34,3,1912 812.35 (5) Upon Except as provided in sub. (7), after being served, the
13garnishee shall determine whether the garnishee may become obligated to the
14debtor for earnings earned within pay periods beginning within 13 weeks after the
15date of service. If it is unlikely that the garnishee will become so obligated, the
16garnishee shall send a statement of that fact to the creditor by the end of the 7th
17business day after receiving the earnings garnishment form under sub. (3). The
18creditor shall send a copy of this statement to the court within 7 business days after
19receipt of the statement.
AB34, s. 5 20Section 5. 812.35 (6) of the statutes is amended to read:
AB34,4,821 812.35 (6) If Except as provided in sub. (7), if the garnishee may become
22obligated to the debtor for earnings earned within pay periods beginning within 13
23weeks after the date of service, but one or more earnings garnishments against the
24debtor have already been served on the garnishee and not terminated, the garnishee
25shall retain the earnings garnishment form and place the garnishment into effect the

1pay period after the last of any prior earnings garnishments terminates. The
2garnishee shall notify the debtor of the amount of the garnishment and shall notify
3the creditor of the amount owed on the pending garnishments by the end of the 7th
4business day after receipt of the garnishment form under sub. (3). If, before the
5earnings garnishment takes effect, the garnishee determines that it is unlikely that
6the garnishee will continue to be obligated to the debtor for earnings, the garnishee
7shall notify the creditor and court under sub. (5) within 7 business days after making
8that determination.
AB34, s. 6 9Section 6. 812.35 (7) of the statutes is created to read:
AB34,4,1810 812.35 (7) (a) If the debtor is a minor, other than an emancipated minor, the
11garnishment shall continue until the amount that the creditor is seeking in the
12garnishment is paid in full. The garnishee shall determine whether the garnishee
13may become obligated to the debtor for earnings earned after the date of service. If
14it is unlikely that the garnishee will become so obligated, the garnishee shall send
15a statement of that fact to the creditor by the end of the 7th business day after
16receiving the earnings garnishment form under sub. (3). The creditor shall send a
17copy of this statement to the court within 7 business days after receipt of the
18statement.
AB34,5,519 (b) If the garnishee may become obligated to the debtor for earnings earned
20within pay periods beginning after the date of service, but one or more earnings
21garnishments against the debtor have already been served on the garnishee and not
22terminated, the garnishee shall retain the earnings garnishment form and place the
23garnishment into effect the pay period after the last of any prior earnings
24garnishments terminates. The garnishee shall notify the debtor of the amount of the
25garnishment and shall notify the creditor of the amount owed on the pending

1garnishments by the end of the 7th business day after receipt of the garnishment
2form under sub. (3). If before the earnings garnishment takes effect the garnishee
3determines that it is unlikely that the garnishee will continue to be obligated to the
4debtor for earnings, the garnishee shall notify the creditor and court under par. (a)
5within 7 business days after making that determination.
AB34, s. 7 6Section 7. 812.40 of the statutes is amended to read:
AB34,5,19 7812.40 Stipulated extension. At any time while an earnings garnishment
8is in effect, the debtor and creditor, if the debtor is an adult or an emancipated minor,
9may stipulate in writing to an extension of the earnings garnishment for additional
10pay periods. The extension may commence on the first day after the earnings
11garnishment ends and shall end within 13 weeks after the last day of the last pay
12period affected by the earnings garnishment. The garnishee shall be bound by the
13extension if a copy of the stipulation is delivered or mailed to the garnishee, together
14with an additional garnishee fee under s. 812.33, before the last day of the last pay
15period affected by the earnings garnishment or any prior stipulated extension of the
16earnings garnishment. A stipulated extension is void and the garnishee fee shall be
17refunded if, prior to the last day of the last pay period affected by the earnings
18garnishment, the garnishee is served under s. 812.35 (3) by a creditor seeking to
19satisfy a different judgment against the debtor.
AB34, s. 8 20Section 8. 812.44 (3) (form) of the statutes is amended to read:
AB34,5,2121 812.44 (3) (form)
AB34,5,2222 STATE OF WISCONSIN
AB34,5,2323 CIRCUIT COURT:.... County

AB34,6,22 A.B., Creditor
AB34,6,33 vs. File or Reference Number....
AB34,6,44 C.D., Debtor EARNINGS
AB34,6,55 and GARNISHMENT
AB34,6,66 E.F., Garnishee
AB34,6,88 THE STATE OF WISCONSIN, To the garnishee:
AB34,6,109 The creditor has been awarded a court judgment that has not been paid. As a
10result, the creditor claims that a total of $.... is owed by the debtor, as follows:
AB34,6,1111 A. Unpaid balance on judgment $....
AB34,6,1212 B. Unpaid postjudgment interest $....
AB34,6,1313 C. Costs of this earnings garnishment
AB34,6,1414 (estimated) $....
AB34,6,1515 TOTAL $....
AB34,6,1816 The creditor believes that you will owe the debtor for earnings within the next
1713 weeks, or if the debtor is an unemancipated minor, within any time. If the $15
18fee is tendered with these papers, you are directed by the court to do the following:
AB34,6,1919 DETERMINE WHETHER YOU WILL
AB34,6,2020 OWE THE DEBTOR EARNINGS
AB34,6,2321 1. Determine if you are likely to owe the debtor for earnings in pay periods
22beginning within the next 13 weeks, or if the debtor is an unemancipated minor,
23within any time
.
AB34,7,224 2. If you are not likely to owe the debtor for earnings in pay periods beginning
25within the next 13 weeks, or if the debtor is an unemancipated minor, within any

1time
, send a statement stating that fact to the creditor by the end of the 7th business
2day after receiving the earnings garnishment forms.
AB34,7,33 IF THE DEBTOR SENDS YOU AN ANSWER
AB34,7,74 3. Whenever you receive a debtor's answer form from the debtor, mail a copy
5of the answer form to the creditor by the end of the 3rd business day after receipt of
6that form. Include the date you received the answer form on the copy sent to the
7creditor.
AB34,7,108 4. If the debtor's answer form claims a complete exemption or defense, do not
9withhold or pay to the creditor any part of the debtor's earnings under this
10garnishment unless you receive an order of the court directing you to do so.
AB34,7,1111 MULTIPLE EARNINGS GARNISHMENTS
AB34,7,1912 5. If the debtor's earnings are already being garnisheed when you receive this
13earnings garnishment, place this earnings garnishment into effect the pay period
14after the last of any prior earnings garnishments terminates. Notify the debtor of
15the amount of the garnishment and notify the creditor of the amount owed on the
16pending garnishments by the end of the 7th business day after you receive these
17forms. If there are no prior pending earnings garnishments against the debtor's
18earnings, place this earnings garnishment into effect the pay period after you receive
19it.
AB34,7,2020 EARNINGS GARNISHMENTS LAST 13 WEEKS,
AB34,7,2121 EXCEPT FOR PUBLIC EMPLOYEES
AB34,8,622 6. The garnishment of the earnings of employees of the state of Wisconsin and
23its political subdivisions and of unemancipated minors remain in effect until the
24judgment is satisfied. The garnishment of earnings of other employees will affect the
25debtor's earnings for all pay periods beginning within 13 weeks after you receive it,

1unless the debtor's earnings are already being garnisheed. If this earnings
2garnishment is delayed under paragraph 5, above, it will affect the debtor's earnings
3for all pay periods beginning within 13 weeks after the first day of the pay period that
4you put this earnings garnishment into effect. If the amount claimed by the creditor
5is fully paid before the end of the 13 weeks, this earnings garnishment will terminate
6at that point.
AB34,8,77 PAYING THE CREDITOR
AB34,8,108 7. Between 5 and 10 business days after each payday of a pay period affected
9by this earnings garnishment, pay the creditor 20% of the debtor's disposable
10earnings for that pay period. Payment is complete upon mailing.
AB34,8,1111 EFFECT OF COURT-ORDERED
AB34,8,1212 ASSIGNMENTS FOR SUPPORT
AB34,8,2013 8. If the debtor has assigned his or her earnings for support by court order, those
14support payments take priority over this earnings garnishment. If 25% or more of
15the debtor's disposable earnings is assigned for support by court order, do not pay any
16part of the debtor's earnings to the creditor. Instead, send the creditor a statement
17of that fact by the end of the 7th business day after you receive these forms. If less
18than 25% of the debtor's earnings is assigned for support by court order, the amount
19the creditor must be paid is reduced so that the total of earnings assigned and
20garnisheed does not exceed 25% of the debtor's disposable earnings.
AB34,8,2121 EXTENSIONS
AB34,9,422 9. The debtor and creditor may agree in writing to extend this earnings
23garnishment for additional pay periods beginning within 13 weeks after this
24earnings garnishment would otherwise terminate if the debtor is an adult or an
25emancipated minor
. If you receive a written extension stipulation, and an additional

1garnishee fee for each extension, you must honor it unless a different garnishment
2against this debtor's earnings is served upon you before the extension takes effect.
3In that case, the extension is void and you must return the extension fee to the party
4who paid it to you.
AB34, s. 9 5Section 9. 812.44 (4) (form) of the statutes is amended to read:
AB34,9,66 812.44 (4) (form)
AB34,9,77 STATE OF WISCONSIN
AB34,9,88 CIRCUIT COURT:.... County
AB34,9,1010 A.B., Creditor
AB34,9,1111 vs. File or Reference Number....
AB34,9,1212 C.D., Debtor EXEMPTION NOTICE
AB34,9,1313 and EARNINGS GARNISHMENT
AB34,9,1414 E.F., Garnishee
AB34,9,1616 To the debtor:
AB34,9,2217 The creditor was awarded a judgment against you or your spouse by.... (County
18Circuit or Federal District) Court on the.... day of...., .... (year) That judgment not
19having been fully paid, the creditor has now filed a garnishment proceeding against
20your earnings from the garnishee. This means that the creditor is seeking to take
21some of your earnings to satisfy part or all of the judgment against you or your
22spouse.
AB34,9,2323 The total amount of the creditor's claim is as follows:
AB34,9,2424 Unpaid balance on judgment $....
AB34,9,2525 Unpaid postjudgment interest $....
AB34,10,1
1Costs:
AB34,10,22 a. Garnishment filing fee $....
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