AB337,6 12Section 6. 812.39 (1) (a) of the statutes is created to read:
AB337,4,1313 812.39 (1) (a) Determine 20 percent of the debtor's disposable earnings.
AB337,7 14Section 7. 812.39 (1) (b) of the statutes is created to read:
AB337,4,1615 812.39 (1) (b) Divide the quotient under par. (a) by the total number of
16creditors.
AB337,8 17Section 8. 812.39 (1) (c) of the statutes is created to read:
AB337,4,1818 812.39 (1) (c) Pay each creditor the amount determined under par. (b).
AB337,9 19Section 9. 812.39 (2) of the statutes is renumbered 812.39 (2) (a) and amended
20to read:
AB337,5,821 812.39 (2) (a) Court-ordered assignments of the debtor's earnings for support
22or maintenance under ch. 767, regardless of the date the garnishee first receives
23notice of the assignment, take priority over an earnings garnishment under this
24subchapter. If and take priority over a garnishment to satisfy an order for restitution
25under s. 973.20 (1r). Except as provided in par. (b), if
the debtor's earnings are subject

1to assignment under s. 767.75, the creditor, including a creditor entitled to an
2earnings garnishment to satisfy an order for restitution under s. 973.20 (1r),
shall
3not be entitled to an amount greater than 25 percent of the debtor's disposable
4earnings less the amount assigned under s. 767.75. If the garnishee determines that
5the amount to be garnished pursuant to an order under s. 767.75 is equal to or greater
6than 25 percent of the debtor's disposable earnings, the garnishee shall notify the
7creditor and the court under s. 812.35 (5) within 7 business days after making that
8determination.
AB337,10 9Section 10. 812.39 (2) (b) of the statutes is created to read:
AB337,5,1310 812.39 (2) (b) If one or more earnings garnishments are in effect for a debtor
11whose earnings are subject to assignment under s. 767.75, the garnishee shall, if the
12amount assigned under s. 767.75 is less than 25 percent of the debtor's disposable
13earnings, do all of the following:
AB337,5,1514 1. Determine the difference between 25 percent of the debtor's disposable
15income and the sum of the following:
AB337,5,1616 a. The amount assigned under s. 767.75.
AB337,5,1817 b. The amount, if any, to be garnished to satisfy an order for restitution under
18s. 973.20 (1r).
AB337,5,2119 2. a. If the difference determined under subd. 1. is less than 25 percent of the
20debtor's disposable income, divide the difference under subd. 1. by the number of
21creditors.
AB337,5,2222 b. Pay each creditor the amount determined under subd. 2. a.
AB337,5,2523 3. If the difference determined under subd. 1. is 25 percent or more of the
24debtor's disposable income, notify the creditor and court under s. 812.35 (5) within
257 business days after making that determination.
AB337,11
1Section 11. 812.39 (2m) of the statutes is created to read:
AB337,6,92 812.39 (2m) (a) Court-ordered garnishment of the debtor's earnings to satisfy
3an order for restitution under s. 973.20 (1r), regardless of the date the garnishee first
4receives notice of the court-ordered garnishment, takes priority over an earnings
5garnishment under this subchapter. Subject to sub. (2), and except as provided in
6pars. (b) and (c), if the debtor's earnings are subject to garnishment under s. 973.20
7(1r), the creditor shall not be entitled to an amount greater than 20 percent of the
8debtor's disposable earnings less the amount to be garnished pursuant to court order
9under s. 973.20 (1r).
AB337,6,1210 (b) If one or more earnings garnishments are in effect for a debtor who owes
11restitution under s. 973.20 (1r), the garnishee shall, subject to sub. (2) and except as
12provided in par. (c), do all of the following:
AB337,6,1513 1. Determine the difference between 20 percent of the debtor's disposable
14income and the amount to be garnished to satisfy an order for restitution under s.
15973.20 (1r).
AB337,6,1616 2. Divide the difference under subd. 1. by the number of creditors.
AB337,6,1717 3. Pay each creditor the amount determined under subd. 2.
AB337,6,2118 (c) If the garnishee determines that the amount to be garnished pursuant to
19court order under s. 973.20 (1r) is equal to or greater than 20 percent of the debtor's
20disposable earnings, the garnishee shall notify each creditor and court under s.
21812.35 (5) within 7 business days after making that determination.
AB337,12 22Section 12 . 812.395 of the statutes is created to read:
AB337,7,2 23812.395 Garnishment of earnings remains in effect; notice to debtor.
24(1) A garnishment of earnings payable to a debtor, including a debtor who owes

1victim restitution ordered under s. 973.20 (1r), remains valid and effective until the
2judgment is satisfied, unless sooner terminated by order of the court.
AB337,7,9 3(2) For a garnishment of earnings that extends beyond a 13-week period,
4following the first 13-week period the creditor shall, at least 3 business days before
5the payday of the first pay period of each subsequent 13-week period during the
6effective period of a garnishment and until the judgment is satisfied or the
7garnishment is terminated by order of the court, serve the earnings garnishment
8form issued by the clerk of courts under s. 812.35 (2) upon the debtor by one of the
9following means:
AB337,7,1010 (a) First class mail.
AB337,7,1111 (b) Certified mail, return receipt requested.
AB337,7,1312 (c) Any means permissible for the service of a summons in a civil action, other
13than publication.
AB337,13 14Section 13. 812.40 of the statutes is repealed.
AB337,14 15Section 14 . 812.405 of the statutes is repealed.
AB337,15 16Section 15 . 812.42 (2) (b) of the statutes is repealed.
AB337,16 17Section 16. 812.44 (3) of the statutes is amended to read:
AB337,7,1918 812.44 (3) The earnings garnishment form issued by the clerk under s. 812.35
19(2) shall be in substantially the following form:
AB337,7,2020 STATE OF WISCONSIN
AB337,7,2121 CIRCUIT COURT: .... County
AB337,7,2323 A.B., Creditor
AB337,7,2424 vs. File or Reference Number ....
AB337,7,2525 C.D., Debtor EARNINGS
AB337,8,1
1and GARNISHMENT
AB337,8,22 E.F., Garnishee
AB337,8,44 THE STATE OF WISCONSIN, To the garnishee:
AB337,8,65 The creditor has been awarded a court judgment that has not been paid. As a
6result, the creditor claims that a total of $.... is owed by the debtor, as follows:
AB337,8,77 A. Unpaid balance on judgment $....
AB337,8,88 B. Unpaid postjudgment interest $....
AB337,8,99 C. Costs of this earnings garnishment
AB337,8,1010 (estimated) $....
AB337,8,1111 TOTAL $....
AB337,8,1412 The creditor believes that you will owe the debtor for earnings within the next
1313 weeks
after the date on which you receive this form. If the $15 fee is tendered with
14these papers, you are directed by the court to do the following:
AB337,8,1515 DETERMINE WHETHER YOU WILL
AB337,8,1616 OWE THE DEBTOR EARNINGS
AB337,8,1917 1. Determine if you are likely to owe the debtor for earnings in pay periods
18beginning within the next 13 weeks earned on or after the date on which you receive
19this form
.
AB337,8,2320 2. If you are not likely to owe the debtor for earnings in pay periods beginning
21within the next 13 weeks earned on or after the date on which you receive this form,
22send a statement stating that fact to the creditor by the end of the 7th business day
23after receiving the earnings garnishment forms.
AB337,8,2424 IF THE DEBTOR SENDS YOU AN ANSWER
AB337,9,3
13. Whenever you receive a debtor's answer form from the debtor, mail a copy of
2the answer form to the creditor by the end of the 3rd business day after receipt of that
3form. Include the date you received the answer form on the copy sent to the creditor.
AB337,9,64 4. If the debtor's answer form claims a complete exemption or defense, do not
5withhold or pay to the creditor any part of the debtor's earnings under this
6garnishment unless you receive an order of the court directing you to do so.
AB337,9,77 MULTIPLE EARNINGS GARNISHMENTS
AB337,9,178 5. If the debtor's earnings are already being garnisheed when you receive this
9earnings garnishment, place this earnings garnishment into effect the pay period
10after the last of any prior earnings garnishments terminates. Notify
notify the
11debtor of the amount of the garnishment and notify the creditor of the amount owed
12on the pending garnishments by the end of the 7th business day after you receive
13these forms. If there are no prior pending earnings garnishments against the
14debtor's earnings,
Determine the amount you will pay to each creditor using the
15method described in the section titled “PAYING THE CREDITOR; PAYING
16MULTIPLE CREDITORS” and
place this earnings garnishment into effect the pay
17period that begins at the end of the 7th business day after you receive it.
AB337,9,1818 EARNINGS GARNISHMENTS
AB337,9,19 19LAST 13 WEEKS, EXCEPT
AB337,9,20 20FOR PUBLIC EMPLOYEES AND
AB337,9,21 21EXCEPT FOR GARNISHMENTS TO
AB337,9,22 22SATISFY AN ORDER FOR VICTIM
AB337,9,23 23RESTITUTION REMAIN IN EFFECT
AB337,9,24 24UNTIL THE JUDGMENT IS SATISFIED
AB337,10,11
16. The garnishment of the earnings of employees of the state of Wisconsin and
2its political subdivisions,
and a garnishment to satisfy an order for victim restitution
3under s. 973.20 (1r) for victim restitution remains in effect until the judgment is
4satisfied. The garnishment of earnings of other employees will affect the debtor's
5earnings for all pay periods beginning within 13 weeks after you receive it, unless
6the debtor's earnings are already being garnisheed. If this earnings garnishment is
7delayed under paragraph 5, above, it will affect the debtor's earnings for all pay
8periods beginning within 13 weeks after the first day of the pay period that you put
9this earnings garnishment into effect. If the amount claimed by the creditor is fully
10paid before the end of the 13 weeks, this earnings garnishment will terminate at that
11point.
AB337,10,1212 PAYING THE CREDITOR; PAYING MULTIPLE CREDITORS
AB337,10,1813 7. Between 5 and 10 business days after each payday of a pay period affected
14by this earnings garnishment, pay the creditor 20% of the debtor's disposable
15earnings for that pay period. If this earnings garnishment is one of 2 or more
16earnings garnishments issued for this debtor, before paying any creditor, first
17determine 20% of the debtor's disposable earnings for the pay period and then divide
18that amount equally between all creditors.
Payment is complete upon mailing.
AB337,10,1919 EFFECT OF COURT-ORDERED
AB337,10,2020 ASSIGNMENTS FOR SUPPORT
AB337,11,2221 8. If the debtor has assigned his or her earnings for support by court order, those
22support payments take priority over this earnings garnishment. If 25% or more of
23the debtor's disposable earnings is assigned for support by court order, do not pay any
24part of the debtor's earnings to the creditor. Instead, send the creditor a statement
25of that fact by the end of the 7th business day after you receive these forms. If less

1than 25% of the debtor's earnings is assigned for support by court order, the amount
2the creditor must be paid is reduced so that the total of earnings assigned and
3garnisheed
, earnings garnished to satisfy an order for restitution under s. 973.20
4(1r), this wage garnishment, and all other wage garnishments in effect for this debtor

5does not exceed 25% of the debtor's disposable earnings. If this earnings
6garnishment is one of 2 or more earnings garnishments issued for this debtor and if
725% or more of the debtor's disposable earnings is assigned for support by court
8order, do not pay any part of the debtor's earnings to any creditor. Instead, send the
9creditor a statement of that fact by the end of the 7th business day after you receive
10these forms. If this earnings garnishment is one of 2 or more earnings garnishments
11issued for this debtor and if less than 25% of the debtor's disposable earnings is
12assigned for support by court order, determine the amount each creditor must be paid
13by first determining the difference between 25% of the debtor's disposable earnings
14and the amount assigned for support by court order and then dividing the difference
15by the number of creditors. If this earnings garnishment is one of 2 or more earnings
16garnishments issued for this debtor and if less than 25% of the debtor's disposable
17earnings is assigned for support by court order and if this debtor's earnings are also
18being garnished to satisfy an order for restitution under s. 973.20 (1r), determine the
19amount each creditor must be paid by first determining the difference between 25%
20of the debtor's disposable earnings and the sum of the amount assigned for support
21by court order and the amount garnished to satisfy an order for restitution. Then,
22divide the difference by the number of creditors.
AB337,11,23 23EXTENSIONS EFFECT OF A GARNISHMENT
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.
Loading...
Loading...