CONSULT AN ATTORNEY
If you have earnings that are being garnisheed that are exempt or subject to a defense, the sooner you file your answer or seek relief from the court, the sooner such relief can be provided. This earnings garnishment affects your earnings in pay periods beginning within 13 weeks after it was served on the garnishee. You may agree in writing with the creditor to extend it for additional 13-week periods until the debt is paid.
PENALTIES
If you wrongly claim an exemption or defense in bad faith, or if the creditor wrongly objects to your claim in bad faith, the court may order the person who acted in bad faith to pay court costs, actual damages and reasonable attorney fees.
812.44(5)
(5) The debtor's answer form under s.
812.37 shall be in substantially the following form:
STATE OF WISCONSIN
CIRCUIT COURT: .... County
A.B., Creditor
vs. File or Reference Number ....
C.D., Debtor EARNINGS GARNISHMENT
and DEBTOR'S ANSWER
E.F., Garnishee
To the garnishee:
My earnings are COMPLETELY EXEMPT from earnings garnishment because:
... 1. The judgment has been paid or is void.
... 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch.
49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under
38 USC 1501 to
1562 or section 45.351 (1) of the Wisconsin Statutes.
... 3. At least 25% of my disposable earnings are assigned for support by court order.
... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.
... 5. I have another defense to this earnings garnishment (explain briefly).
I understand that if I claim a complete exemption or defense in bad faith, I may be held liable to the creditor for actual damages, costs and reasonable attorney fees.
DATE .... Signature of Debtor ....
Address ....
Telephone Number ....
Date Received by Garnishee ....
812.44(6)
(6) The creditor's objection to the debtor's answer and demand for hearing shall be in substantially the following form:
STATE OF WISCONSIN
CIRCUIT COURT: .... County
A.B., Creditor File or Reference Number ....
vs. OBJECTION TO
C.D., Debtor DEBTOR'S ANSWER
and AND DEMAND FOR HEARING
E.F., Garnishee EARNINGS GARNISHMENT
To the Clerk of Circuit Court:
I hereby object to the debtor's answer and demand a hearing to resolve the issues in controversy. By statute, this hearing must be held as soon as practicable after this objection and demand are filed. I object to the debtor's answer for the following reasons (explain briefly):
Please schedule this hearing and notify all parties.
To the best of my knowledge, the debtor's current address:
.... is the same as that stated in the notice I filed to commence this earnings garnishment.
.... is now
I understand that if I object to the debtor's answer in bad faith, I may be held liable to the debtor for actual damages, costs and reasonable attorney fees.
Date: .... Creditor or Creditor's Attorney: ....
Address: .....
