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A.B., Creditor
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vs. File or Reference Number ....
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C.D., Debtor EXEMPTION NOTICE
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and EARNINGS GARNISHMENT
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E.F., Garnishee
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To the debtor:
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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.
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The total amount of the creditor's claim is as follows:
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Unpaid balance on judgment
$....
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Unpaid postjudgment interest
$....
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a. Garnishment filing fee
$....
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b. Garnishee fee
$....
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c. Service of process (estimate)
$....
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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.
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Your earnings are completely exempt from garnishment if:
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1. Your household income is below the federal poverty level. See the enclosed
11schedules and worksheet to determine if you qualify for this exemption.
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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.
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3. At least 25% of your disposable earnings are assigned by court order for
18support.
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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.
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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.
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1If your circumstances change while the garnishment is in effect, you may file
2a 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
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.
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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
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.
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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.
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19Section
18.
Initial applicability.
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(1) This act first applies to an earnings garnishment proceeding commenced on
21the effective date of this subsection.
