49.195(3m)(a)1.1. If any person fails to pay to the department any amount determined under
sub. (3), no review or appeal of that determination is pending and the time for requesting a review or taking an appeal has expired, the department may issue a warrant directed to the clerk of circuit court of any county.
49.195(3m)(a)2.
2. The clerk of circuit court shall enter in the judgment and lien docket the name of the person mentioned in the warrant, the amount for which the warrant is issued and the date on which the clerk entered that information.
49.195(3m)(a)3.
3. A warrant entered under
subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien upon the person's right, title and interest in all real and personal property located in the county in which the warrant is entered.
49.195(3m)(a)4.
4. After issuing a warrant, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to levy upon and sell sufficient real and personal property of the person to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not command the sheriff to levy upon or sell any property that is exempt from execution under
ss. 815.18 (3) and
815.20.
49.195(3m)(b)
(b) The clerk of circuit court shall accept, file and enter the warrant in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The department shall pay the fees, but shall add the fees provided by
s. 814.61 (5) for entering the warrants to the amount of the warrant and shall collect the fees from the person named in the warrant when satisfaction or release is presented for entry.
49.195(3m)(c)
(c) If a warrant that is not satisfied in full is returned, the department may enforce the amount due as if the department had recovered judgment against the person named in the warrant for the same amount.
49.195(3m)(d)
(d) When the amount set forth in a warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the person named in the warrant.
49.195(3m)(e)
(e) If the department finds that the interests of the state will not be jeopardized, the department may issue a release of any warrant with respect to any real or personal property upon which the warrant is a lien or cloud upon title. Upon presentation to the clerk and payment of the fee for filing the release, the clerk shall enter the release of record. The release is conclusive that the lien or cloud upon the title of the property covered by the release is extinguished.
49.195(3m)(f)
(f) Notwithstanding
s. 49.96, at any time after the filing of a warrant, the department may commence and maintain a garnishee action as provided by
ch. 812 or may use the remedy of attachment as provided by
ch. 811 for actions to enforce a judgment. The place of trial of such an action may be either in Dane County or the county where the debtor resides and may not be changed from the county in which that action is commenced, except upon consent of the parties.
49.195(3m)(g)
(g) If the department issues an erroneous warrant, the department shall issue a notice of withdrawal of the warrant to the clerk of circuit court for the county in which the warrant is filed. The clerk shall void the warrant and any resulting liens.
49.195(3m)(h)
(h) If the department arranges a payment schedule with the debtor and the debtor complies with the payment schedule, the department shall issue a notice of withdrawal of the warrant to the clerk of circuit court for the county in which the warrant is filed. The clerk shall void the warrant and the resulting liens.
49.195(3n)(a)3.
3. "Disposable earnings" means that part of the earnings of any debtor after the deduction from those earnings of any amounts required by law to be withheld, any life, health, dental or similar type of insurance premiums, union dues, any amount necessary to comply with a court order to contribute to the support of minor children, and any levy, wage assignment or garnishment executed prior to the date of a levy under this subsection.
49.195(3n)(a)6.
6. "Property" includes all tangible and intangible personal property and rights to such property, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, periodic payments received pursuant to a pension or retirement program, rents, proceeds of insurance and contract payments.
49.195(3n)(b)
(b) If any debtor neglects or refuses to pay a debt after the department has made demand for payment, the department may collect that debt and the expenses of the levy by levy upon any property belonging to the debtor. Whenever the value of any property that has been levied upon under this section is not sufficient to satisfy the claim of the department, the department may levy upon any additional property of the person until the debt and expenses of the levy are fully paid.
49.195(3n)(c)
(c) Any person in possession of or obligated with respect to property or rights to property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the property or rights or discharge the obligation to the department, except that part of the property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.
49.195(3n)(d)1.1. Any debtor who fails or refuses to surrender any property or rights to property that is subject to levy, upon demand by the department, is subject to proceedings to enforce the amount of the levy.
49.195(3n)(d)2.
2. Any 3rd party who fails to surrender any property or rights to property subject to levy, upon demand of the department, is subject to proceedings to enforce the levy. The 3rd party is not liable to the department under this subdivision for more than 25% of the debt. The department shall serve the levy as provided under
par. (m) on any 3rd party who fails to surrender property under this subdivision. Proceedings may not be initiated by the department until 5 days after service of the demand.
49.195(3n)(d)3.
3. When a 3rd party surrenders the property or rights to the property on demand of the department or discharges the obligation to the department for which the levy is made, the 3rd party is discharged from any obligation or liability to the debtor with respect to the property or rights to the property arising from the surrender or payment to the department.
49.195(3n)(e)1.1. If the department has levied upon property, any person, other than the debtor who is liable to pay the debt out of which the levy arose, who claims an interest in or lien on that property and claims that that property was wrongfully levied upon may bring a civil action against the state in the circuit court for Dane County. That action may be brought whether or not that property has been surrendered to the department. The court may grant only the relief under
subd. 2.
49.195(3n)(e)2.
2. In an action under
subd. 1., if a levy would irreparably injure rights to property, the court may enjoin the enforcement of that levy. If the court determines that the property has been wrongfully levied upon, it may grant a judgment for the amount of money obtained by levy.
49.195(3n)(e)3.
3. For purposes of an adjudication under this paragraph, the determination of the debt upon which the interest or lien of the department is based is conclusively presumed to be valid.
49.195(3n)(f)
(f) The department shall determine its costs and expenses to be paid in all cases of levy.
49.195(3n)(g)1.1. The department shall apply all money obtained under this subsection first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department by the debtor.
49.195(3n)(g)2.
2. The department may refund or credit any amount left after the applications under
subd. 1., upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.
49.195(3n)(h)
(h) The department may release the levy upon all or part of property levied upon to facilitate the collection of the liability or to grant relief from a wrongful levy, but that release does not prevent any later levy.
49.195(3n)(j)
(j) If the department determines that property has been wrongfully levied upon, the department may return the property at any time, or may return an amount of money equal to the amount of money levied upon.
49.195(3n)(k)
(k) Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this subsection with intent to evade or defeat the assessment or collection of any debt is guilty of a Class H felony and shall be assessed the costs of prosecution.
Effective date note
NOTE: Par. (k) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(k) Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this subsection with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, and shall be liable to the state for the costs of prosecution.
49.195(3n)(L)
(L) If no appeal or other proceeding for review permitted by law is pending and the time for taking an appeal or petitioning for review has expired, the department shall make a demand to the debtor for payment of the debt that is subject to levy and give notice that the department may pursue legal action for collection of the debt against the debtor. The department shall make the demand for payment and give the notice at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt. The debtor's refusal or failure to accept or receive the notice does not prevent the department from making the levy. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy.
49.195(3n)(m)1.1. The department shall serve the levy upon the debtor and 3rd party by personal service or by any type of mail service that requires a signature of acceptance.
49.195(3n)(m)2.
2. Personal service shall be made upon an individual, other than a minor or incapacitated person, by delivering a copy of the levy to the debtor or 3rd party personally; by leaving a copy of the levy at the debtor's dwelling or usual place of abode with some person of suitable age and discretion residing there; by leaving a copy of the levy at the business establishment with an officer or employee of the establishment; or by delivering a copy of the levy to an agent authorized by law to receive service of process.
49.195(3n)(m)3.
3. The department representative who serves the levy shall certify service of process on the notice of levy form and the person served shall acknowledge receipt of the certification by signing and dating it. If service is made by mail, the return receipt is the certificate of service of the levy.
49.195(3n)(m)4.
4. The debtor's or 3rd party's failure to accept or receive service of the levy does not invalidate the levy.
49.195(3n)(n)
(n) Within 20 days after the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation.
49.195(3n)(p)
(p) A levy is effective from the date on which the levy is first served on the 3rd party until the liability out of which the levy arose is satisfied, until the levy is released or until one year from the date of service, whichever occurs first.
49.195(3n)(q)1.1. The debtor is entitled to an exemption from levy of the greater of the following:
49.195(3n)(q)1.a.
a. A subsistence allowance of 75% of the debtor's disposable earnings then due and owing.
49.195(3n)(q)1.b.
b. An amount equal to 30 times the federal minimum hourly wage for each full week of the debtor's pay period; or, in the case of earnings for a period other than a week, a subsistence allowance computed so that it is equivalent to that amount using a multiple of the federal minimum hourly wage prescribed by the department by rule.
49.195(3n)(q)2.
2. The first $1,000 of an account in a depository institution is exempt from any levy to recover a benefit overpayment.
49.195(3n)(r)
(r) No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this subsection. Any person who violates this paragraph is guilty of a Class I felony.
Effective date note
NOTE: Par. (r) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(r) No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this subsection. Any person who violates this paragraph may be fined not more than $1,000 or imprisoned for not more than 2 years or both.
49.195(3n)(s)
(s) Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under
ch. 227. The appeal is limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal in any case where property is secured through the levy.
49.195(3n)(t)
(t) Any 3rd party is entitled to a levy fee of $5 for each levy in any case where property is secured through the levy. The 3rd party shall deduct the fee from the proceeds of the levy.
49.195(3p)
(3p) The availability of the remedies under
subs. (3m) and
(3n) does not abridge the right of the department to pursue other remedies.
49.195(3r)
(3r) From the appropriation under
s. 20.445 (3) (L) the department may contract with or employ a collection agency or other person to enforce a repayment obligation of a person who is found liable under
sub. (3) who is delinquent in making repayments.
49.195(3s)
(3s) The department shall specify by rule when requests for reviews, hearings and appeals under this section may be made and the process to be used for the reviews, hearings and appeals. In promulgating the rules, the department shall provide for a hearing or review after a warrant under
sub. (3m) has been issued and before the warrant has been executed, before property is levied under
sub. (3m) or
(3n) and after levied property is seized and before it is sold. The department shall specify by rule the time limit for a request for review or hearing. The department shall also specify by rule a minimum amount that must be due before collection proceedings under this section may be commenced.
49.195(4)
(4) Any county or governing body of a federally recognized American Indian tribe may retain 15% of benefits distributed under
s. 49.19 that are recovered due to the efforts of an employee or officer of the county or tribe. This subsection does not apply to recovery of benefits that were provided as a result of state, county or tribal governing body error.
49.195 Annotation
The words "both prior to and" in sub. (2) constitute an unconstitutional enactment and are stricken from the statute. Estate of Peterson,
66 Wis. 2d 535,
225 N.W.2d 644 (1975).
49.195 Annotation
Recovery may be had only from a parent who immediately received aid. Richland County Department of Social Services, v. McHone,
95 Wis. 2d 108,
288 N.W.2d 879 (Ct. App. 1980).
49.195 Annotation
This section does not authorize recovery against a child with a guardianship account if the child never applied for, directly received or made representations to obtain aid. There may be common-law authority for a claim against a guardianship estate. Matter of Guardianship of Kordecki,
95 Wis. 2d 275,
290 N.W.2d 693 (1980).
49.197
49.197
Fraud investigation and reduction and error reduction. 49.197(1m)(1m)
Fraud investigation. From the appropriations under
s. 20.445 (3) (dz),
(kx),
(L),
(md),
(n), and
(nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under
s. 49.19, on the part of participants in the Wisconsin works program under
ss. 49.141 to
49.161, and, if the department of health and family services contracts with the department under
sub. (5), on the part of recipients of medical assistance under
subch. IV and food stamp benefits under the food stamp program under
7 USC 2011 to
2036. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under
ss. 46.215,
46.22, and
46.23 and to Wisconsin works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.
49.197(3)
(3) State error reduction activities. The department shall conduct activities to reduce payment errors in Wisconsin works under
ss. 49.141 to
49.161 and, if the department of health and family services contracts with the department under
sub. (5), the medical assistance program under
subch. IV and the food stamp program under
7 USC 2011 to
2036.
49.197(4)
(4) County and tribal error reduction. If the department of health and family services contracts with the department under
sub. (5), the department shall provide funds from the appropriation under
s. 20.445 (3) (kx) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under
subch. IV or the food stamp program under
7 USC 2011 to
2036 to offset administrative costs of reducing payment errors in those programs.
49.197(5)
(5) Contracts for medical assistance and food stamps. The department of health and family services may contract with the department to investigate suspected fraudulent activity on the part of recipients of medical assistance under
subch. IV or recipients of food stamp benefits under the food stamp program under
7 USC 2011 to
2036 as provided in this section.
49.22
49.22
Child and spousal support; establishment of paternity; medical liability. 49.22(1)
(1) There is created a child and spousal support and establishment of paternity and medical liability support program in the department. The purpose of this program is to establish paternity when possible, to establish or modify support obligations, to enforce support obligations owed by parents to their children and maintenance obligations owed to spouses or former spouses with whom the children reside in this state or owed in other states if the support order was issued in this state or owed in other states if the parent, spouse or former spouse resides in this state, to locate persons who are alleged to have taken their child in violation of
s. 948.31 or of similar laws in other states, and to locate and value property of any person having a support duty. To accomplish the objectives of this program and of other assistance programs under this chapter, county and state agencies will cooperate with one another to implement a child and spousal support and paternity establishment program in accordance with state and federal laws, regulations and rules and to assure proper distribution of benefits of all assistance programs authorized under this chapter.
49.22(2)
(2) The department shall constitute the state location service which shall assist in locating parents who have deserted their children and other persons liable for support of dependents or persons who are alleged to have taken their child in violation of
s. 948.31 or of similar laws in another state, and in locating and valuing property of any person having a support duty.
49.22(2m)(a)(a) The department may request from any person in this state information it determines appropriate and necessary for the administration of this section,
ss. 49.141 to
49.161,
49.19,
49.46,
49.468 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide this information within 7 days after receiving a request under this paragraph. Except as provided in
subs. (2p) and
(2r) and subject to
sub. (12), the department or the county child support agency under
s. 59.53 (5) may disclose information obtained under this paragraph only in the administration of this section,
ss. 49.141 to
49.161,
49.19,
49.46 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029. Employees of the department or a county child support agency under
s. 59.53 (5) are subject to
s. 49.83.
49.22(2m)(am)
(am) In conjunction with any request for information under
par. (a), including a request made by subpoena under
par. (b), the department or county child support agency under
s. 59.53 (5) shall advise the person of the time by which the information must be provided and of any consequences to the person under
par. (d) that may result from a failure to respond or comply with the request.
49.22(2m)(b)
(b) The department or county child support agency under
s. 59.53 (5) may issue a subpoena, in substantially the form authorized under
s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section,
ss. 49.145,
49.19,
49.46 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
49.22(2m)(bc)
(bc) A person in this state shall comply with an administrative subpoena that is issued from another state to compel the production of financial information or other documentary evidence for purposes comparable to those specified in
par. (b).
49.22(2m)(c)
(c) A person is not liable to any person for any of the following:
49.22(2m)(c)1.
1. Allowing access to financial or other records by the department or a county child support agency under
s. 59.53 (5) in response to a request under
par. (a) or a subpoena described in
par. (bc).
49.22(2m)(c)2.
2. Disclosing information from financial or other records to the department or a county child support agency under
s. 59.53 (5) in response to a request under
par. (a) or a subpoena described in
par. (bc).
49.22(2m)(c)3.
3. Any other action taken in good faith to comply with this section or a subpoena described in
par. (bc) or to comply with a request for information or access to records from the department or a county child support agency under
s. 59.53 (5) in the administration of this section,
ss. 49.145,
49.19,
49.46 and
49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
49.22(2m)(d)
(d) Any person who fails to respond to or comply with a subpoena described in
par. (bc) or a request under
par. (a) by the department or a county child support agency under
s. 59.53 (5) may be required to pay a forfeiture in an amount determined by the department by rule.
49.22(2p)
(2p) Except as provided in
sub. (12), the department or a county child support agency under
s. 59.53 (5) may disclose to a parent with legal custody of a child, upon the parent's request, the last-known address, and the name and address of the last-known employer, of the child's other parent if that other parent owes a support obligation to the child and is in arrears in the payment of the support.
49.22(2r)
(2r) The department or a county child support agency under
s. 59.53 (5) may, to the extent permitted under federal law, disclose information obtained under
sub. (2m) to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
49.22(3)
(3) The department, acting as a state location service, shall furnish all services under
sub. (2) to any similarly appointed agency of another state which by its laws is authorized to furnish such services to this state or its agencies.
49.22(3m)
(3m) The department, acting as a state location service, shall furnish services under
sub. (2) upon request to the department of health and family services, a county department under
s. 46.215,
46.22 or
46.23 or a child welfare agency that is administering a program operated under
42 USC 620 to
628b or
42 USC 670 to
679a.
