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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:
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A. Unpaid balance on judgment $....
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B. Unpaid postjudgment interest $....
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C. Costs of this earnings garnishment
14
(estimated) $....
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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:
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DETERMINE WHETHER YOU WILL
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OWE THE DEBTOR EARNINGS
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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.
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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.
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IF THE DEBTOR SENDS YOU AN ANSWER
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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.
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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.
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MULTIPLE EARNINGS GARNISHMENTS
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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.
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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
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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.
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PAYING THE CREDITOR
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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.
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EFFECT OF COURT-ORDERED
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ASSIGNMENTS FOR SUPPORT
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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.
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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.
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8Section
10. 812.44 (4) of the statutes is amended to read:
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812.44
(4) The notice of exemption served upon the garnishee under s. 812.35
10(4) shall be in substantially the following form:
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STATE OF WISCONSIN
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CIRCUIT COURT: .... County