AB337,11,24 24TO SATISFY AN ORDER FOR RESTITUTION
AB337,13,3
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
If the earnings payable to a
8debtor who owes restitution under a court order are being garnished to satisfy that
9order for restitution, those restitution payments take priority over this earnings
10garnishment. If 20% or more of the debtor's disposable earnings is being garnished
11to satisfy an order for restitution, do not pay any part of the debtor's earnings to the
12creditor. Instead, send the creditor a statement of that fact by the end of the 7th
13business day after you receive these forms. If less than 20% of the debtor's earnings
14is being garnished to satisfy an order for restitution, the amount the creditor must
15be paid is reduced so that the total of earnings garnished for restitution and
16garnished under this earnings garnishment and any other earnings garnishments
17in effect for this debtor does not exceed 20% of the debtor's disposable earnings. If
18this earnings garnishment is one of 2 or more earnings garnishments issued for this
19debtor and if 20% or more of the debtor's disposable earnings is being garnished to
20satisfy an order for restitution, do not pay any part of the debtor's earnings to any
21creditor. Instead, send the creditor a statement of that fact by the end of the 7th
22business day after you receive these forms. If this earnings garnishment is one of 2
23or more earnings garnishments issued for this debtor, and if less than 20% of the
24debtor's disposable earnings is being garnished to satisfy an order for restitution,
25determine the amount each creditor must be paid by first determining the difference

1between 20% of the debtor's disposable earnings and the amount being garnished to
2satisfy an order for restitution and then dividing the difference by the number of
3creditors
.
AB337,17 4Section 17. 812.44 (4) of the statutes is amended to read:
AB337,13,65 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35
6(4) shall be in substantially the following form:
AB337,13,77 STATE OF WISCONSIN
AB337,13,88 CIRCUIT COURT: .... County
AB337,13,1010 A.B., Creditor
AB337,13,1111 vs. File or Reference Number ....
AB337,13,1212 C.D., Debtor EXEMPTION NOTICE
AB337,13,1313 and EARNINGS GARNISHMENT
AB337,13,1414 E.F., Garnishee
AB337,13,1616 To the debtor:
AB337,13,2217 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.
AB337,13,2323 The total amount of the creditor's claim is as follows:
AB337,13,2424 Unpaid balance on judgment   $....
AB337,13,2525 Unpaid postjudgment interest   $....
AB337,14,1
1Costs:
AB337,14,22 a. Garnishment filing fee   $....
AB337,14,33 b. Garnishee fee   $....
AB337,14,44 c. Service of process (estimate)   $....
AB337,14,55 TOTAL   $....
AB337,14,86 By law, you are entitled to an exemption of not less than 80% of your disposable
7earnings. Your “disposable earnings" are those remaining after social security and
8federal and state income taxes are withheld.
AB337,14,99 Your earnings are completely exempt from garnishment if:
AB337,14,1110 1. Your household income is below the federal poverty level. See the enclosed
11schedules and worksheet to determine if you qualify for this exemption.
AB337,14,1612 2. You receive aid to families with dependent children, relief funded by a relief
13block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
14Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
15or veterans benefits based on need under 38 USC 1501 to 1562 or section 45.351 (1)
16of the Wisconsin Statutes, or have received these benefits within the past 6 months.
AB337,14,1817 3. At least 25% of your disposable earnings are assigned by court order for
18support.
AB337,14,2119 If the garnishment of 20% of your disposable income would result in the income
20of your household being below the poverty line, the garnishment is limited to the
21amount of your household's income in excess of the poverty line.
AB337,14,2522 If you qualify for a complete exemption or for a limit on the amount of the
23garnishment to the amount that your household's income exceeds the poverty line,
24you must give or mail a copy of the enclosed debtor's answer form to the garnishee
25in order to receive that increased exemption.
AB337,15,2
1If your circumstances change while the garnishment is in effect, you may file
2a new answer at any time.
AB337,15,63 If you do not qualify for a complete exemption, but you will not be able to acquire
4the necessities of life for yourself and your dependents if your earnings are reduced
5by this earnings garnishment, you may ask the court in which this earnings
6garnishment was filed to increase your exemption or grant you other relief.
AB337,15,77 IF YOU NEED ASSISTANCE
AB337,15,88 CONSULT AN ATTORNEY
AB337,15,149 If you have earnings that are being garnisheed garnished that are exempt or
10subject to a defense, the sooner you file your answer or seek relief from the court, the
11sooner such relief can be provided. This earnings garnishment affects your earnings
12in pay periods beginning within 13 weeks after it was served on the garnishee. You
13may agree in writing with the creditor to extend it for additional 13-week periods
14until the debt is paid.
AB337,15,1515 PENALTIES
AB337,15,1816 If you wrongly claim an exemption or defense in bad faith, or if the creditor
17wrongly objects to your claim in bad faith, the court may order the person who acted
18in bad faith to pay court costs, actual damages, and reasonable attorney fees.
AB337,18 19Section 18. Initial applicability.
AB337,15,2120 (1) This act first applies to an earnings garnishment proceeding commenced on
21the effective date of this subsection.
AB337,15,2222 (End)
Loading...
Loading...