SB397,3,2221 812.44 (3) The earnings garnishment form issued by the clerk under s. 812.35
22(2) shall be in substantially the following form:
SB397,3,2323 STATE OF WISCONSIN
SB397,3,2424 CIRCUIT COURT: .... County

SB397,4,22 A.B., Creditor
SB397,4,33 vs.   File or Reference Number ....
SB397,4,44 C.D., Debtor   EARNINGS
SB397,4,55 and   GARNISHMENT
SB397,4,66 E.F., Garnishee
SB397,4,88 THE STATE OF WISCONSIN, To the garnishee:
SB397,4,109 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:
SB397,4,1111 A. Unpaid balance on judgment $....
SB397,4,1212 B. Unpaid postjudgment interest $....
SB397,4,1413 C. Costs of this earnings garnishment
14 (estimated) $....
SB397,4,1515 TOTAL $....
SB397,4,1816 The creditor believes that you will owe the debtor for earnings within the next
1713 weeks
after the date on which you receive this form. If the $15 fee is tendered with
18these papers, you are directed by the court to do the following:
SB397,4,1919 DETERMINE WHETHER YOU WILL
SB397,4,2020 OWE THE DEBTOR EARNINGS
SB397,4,2321 1. Determine if you are likely to owe the debtor for earnings in pay periods
22beginning within the next 13 weeks earned on or after the date on which you receive
23this form
.
SB397,5,224 2. If you are not likely to owe the debtor for earnings in pay periods beginning
25within the next 13 weeks earned on or after the date on which you receive this form,

1send a statement stating that fact to the creditor by the end of the 7th business day
2after receiving the earnings garnishment forms.
SB397,5,33 IF THE DEBTOR SENDS YOU AN ANSWER
SB397,5,64 3. Whenever you receive a debtor's answer form from the debtor, mail a copy of
5the answer form to the creditor by the end of the 3rd business day after receipt of that
6form. Include the date you received the answer form on the copy sent to the creditor.
SB397,5,97 4. If the debtor's answer form claims a complete exemption or defense, do not
8withhold or pay to the creditor any part of the debtor's earnings under this
9garnishment unless you receive an order of the court directing you to do so.
SB397,5,1010 MULTIPLE EARNINGS GARNISHMENTS
SB397,5,1811 5. If the debtor's earnings are already being garnisheed when you receive this
12earnings garnishment, place this earnings garnishment into effect the pay period
13after the last of any prior earnings garnishments terminates. Notify the debtor of
14the amount of the garnishment and notify the creditor of the amount owed on the
15pending garnishments by the end of the 7th business day after you receive these
16forms. If there are no prior pending earnings garnishments against the debtor's
17earnings, place this earnings garnishment into effect the pay period after you receive
18it.
SB397,5,2319 EARNINGS GARNISHMENTS LAST 13 WEEKS,
20EXCEPT FOR PUBLIC EMPLOYEES
21AND EXCEPT FOR GARNISHMENTS TO
22SATISFY AN ORDER FOR VICTIM RESTITUTION
23REMAIN IN EFFECT UNTIL THE JUDGMENT IS SATISFIED
SB397,6,924 6. The garnishment of the earnings of employees of the state of Wisconsin and
25its political subdivisions,
and a garnishment to satisfy an order for victim restitution

1under s. 973.20 (1r) for victim restitution remains in effect until the judgment is
2satisfied. The garnishment of earnings of other employees will affect the debtor's
3earnings for all pay periods beginning within 13 weeks after you receive it, unless
4the debtor's earnings are already being garnisheed. If this earnings garnishment is
5delayed under paragraph 5, above, it will affect the debtor's earnings for all pay
6periods beginning within 13 weeks after the first day of the pay period that you put
7this earnings garnishment into effect. If the amount claimed by the creditor is fully
8paid before the end of the 13 weeks, this earnings garnishment will terminate at that
9point
.
SB397,6,1010 PAYING THE CREDITOR
SB397,6,1311 7. Between 5 and 10 business days after each payday of a pay period affected
12by this earnings garnishment, pay the creditor 20% of the debtor's disposable
13earnings for that pay period. Payment is complete upon mailing.
SB397,6,1414 EFFECT OF COURT-ORDERED
SB397,6,1515 ASSIGNMENTS FOR SUPPORT
SB397,6,2316 8. If the debtor has assigned his or her earnings for support by court order, those
17support payments take priority over this earnings garnishment. If 25% or more of
18the debtor's disposable earnings is assigned for support by court order, do not pay any
19part of the debtor's earnings to the creditor. Instead, send the creditor a statement
20of that fact by the end of the 7th business day after you receive these forms. If less
21than 25% of the debtor's earnings is assigned for support by court order, the amount
22the creditor must be paid is reduced so that the total of earnings assigned and
23garnisheed does not exceed 25% of the debtor's disposable earnings.
SB397,6,24 24EXTENSIONS
SB397,7,7
19. The debtor and creditor may agree in writing to extend this earnings
2garnishment for additional pay periods beginning within 13 weeks after this
3earnings garnishment would otherwise terminate. If you receive a written extension
4stipulation, and an additional garnishee fee for each extension, you must honor it
5unless a different garnishment against this debtor's earnings is served upon you
6before the extension takes effect. In that case, the extension is void and you must
7return the extension fee to the party who paid it to you.
SB397,10 8Section 10. 812.44 (4) of the statutes is amended to read:
SB397,7,109 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35
10(4) shall be in substantially the following form:
SB397,7,1111 STATE OF WISCONSIN
SB397,7,1212 CIRCUIT COURT: .... County
SB397,7,1414 A.B., Creditor
SB397,7,1515 vs. File or Reference Number ....
SB397,7,1616 C.D., Debtor EXEMPTION NOTICE
SB397,7,1717 and EARNINGS GARNISHMENT
SB397,7,1818 E.F., Garnishee
SB397,7,2020 To the debtor:
SB397,8,221 The creditor was awarded a judgment against you or your spouse by .... (County
22Circuit or Federal District) Court on the .... day of ...., .... (year) That judgment not
23having been fully paid, the creditor has now filed a garnishment proceeding against
24your earnings from the garnishee. This means that the creditor is seeking to take

1some of your earnings to satisfy part or all of the judgment against you or your
2spouse.
SB397,8,33 The total amount of the creditor's claim is as follows:
SB397,8,44 Unpaid balance on judgment     $....
SB397,8,55 Unpaid postjudgment interest     $....
SB397,8,66 Costs:
SB397,8,77 a. Garnishment filing fee     $....
SB397,8,88 b. Garnishee fee     $....
SB397,8,99 c. Service of process (estimate)     $....
SB397,8,1010 TOTAL       $....
SB397,8,1311 By law, you are entitled to an exemption of not less than 80% of your disposable
12earnings. Your “disposable earnings" are those remaining after social security and
13federal and state income taxes are withheld.
SB397,8,1414 Your earnings are completely exempt from garnishment if:
SB397,8,1615 1. Your household income is below the federal poverty level. See the enclosed
16schedules and worksheet to determine if you qualify for this exemption.
SB397,9,317 2. You receive aid to families with dependent children, relief funded by a relief
18block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
19Wisconsin Statutes, medical assistance, supplemental security income, food stamps,

1or veterans benefits based on need under 38 USC 501 to 562 38 USC 1501 to 1562
2or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within
3the past 6 months.
SB397,9,54 3. At least 25% of your disposable earnings are assigned by court order for
5support.
SB397,9,86 If the garnishment of 20% of your disposable income would result in the income
7of your household being below the poverty line, the garnishment is limited to the
8amount of your household's income in excess of the poverty line.
SB397,9,129 If you qualify for a complete exemption or for a limit on the amount of the
10garnishment to the amount that your household's income exceeds the poverty line,
11you must give or mail a copy of the enclosed debtor's answer form to the garnishee
12in order to receive that increased exemption.
SB397,9,1413 If your circumstances change while the garnishment is in effect, you may file
14a new answer at any time.
SB397,9,1815 If you do not qualify for a complete exemption, but you will not be able to acquire
16the necessities of life for yourself and your dependents if your earnings are reduced
17by this earnings garnishment, you may ask the court in which this earnings
18garnishment was filed to increase your exemption or grant you other relief.
SB397,9,1919 IF YOU NEED ASSISTANCE
SB397,9,2020 CONSULT AN ATTORNEY
SB397,9,2421 If you have earnings that are being garnisheed that are exempt or subject to a
22defense, the sooner you file your answer or seek relief from the court, the sooner such
23relief can be provided. This earnings garnishment affects your earnings in pay
24periods beginning within 13 weeks after it was served on the garnishee. You may

1agree in writing with the creditor to extend it for additional 13-week periods until
2the debt is paid.
SB397,10,33 PENALTIES
SB397,10,64 If you wrongly claim an exemption or defense in bad faith, or if the creditor
5wrongly objects to your claim in bad faith, the court may order the person who acted
6in bad faith to pay court costs, actual damages and reasonable attorney fees.
SB397,11 7Section 11. Initial applicability.
SB397,10,98 (1) This act first applies to an earnings garnishment proceeding commenced on
9the effective date of this act.
SB397,10,1010 (End)
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