Fill and Sign the Earnings Garnishment Wisconsin Court System1pdfnet Form

CV-422, 09/16 Earnings Garnishment §§812.35(2) and 812.44(3), W isconsin Statutes This form shall not be modified. It may be supplemented with additional mater ial. Page 1 of 2 STATE OF WISCONSIN, CIRCUIT COURT, COUNTY Earnings Garnishment Creditor: Address: Debtor: Address: Case No. and Garnishee: THE STATE OF WISCONSIN, to the garnishee: The creditor has been awarded a court judgment that has not been paid. As a result, the creditor claims that the amount owed by the debtor is as follows: Unpaid balance on judgment $ Unpaid post-judgment interest $ Estimated costs of this earnings garnishment $ Total amount owed by the debtor $ The creditor believes that you will owe the debtor for earnings within the next 13 weeks. If the cred itor has tendered the statutorily required fees with these papers, you are directed to complete the ac tivities listed on page 2 of this form. This is a garnishment action to satisfy an order for victim restitution and there is no filing fee. This garnishment remains in effect until the judgment is satisfied. Please make check payable to and remit payment to: (COURT SEAL) The creditor must serve the following documents on the debtor at the time of service of this document: • Exemption Notice - Earnings Garnishment (CV-423) • Earnings Garnishment - Debtor's Answer (CV-424) • Garnishment Exemption Worksheet (CV- 426) • Poverty Guidelines for Earnings (CV- 427) See page 2 of form for further information. Earnings Garnishment Page 2 of 2 Case No. CV-422, 09/16 Earnings Garnishment §§812.35(2) and 812.44(3), W isconsin Statutes This form shall not be modified. It may be supplemented with additional mater ial. Page 2 of 2 DETERMINE WHETHER YOU WILL OWE THE DEBTOR EARNINGS 1. Determine if you are likely to owe the debtor for earnings in pay periods beginning wi thin the next 13 weeks. 2. If you are not likely to owe the debtor for earnings in pay periods beginning within the next 13 week s, send a statement stating that fact to the creditor by the end of the 7th business day after receiving the e arnings garnishment forms. (Business days do not include Saturdays, Sundays, or legal holida ys). IF THE DEBTOR SENDS YOU AN ANSWER 3. Whenever you receive a debtor's answer form from the debtor, mail a copy of the answer form to the creditor by the end of the 3rd business day after receipt of that form. Include the date you received the answer form on the copy sent to the creditor. 4. If the debtor's answer form claims a complete exemption or defense, do not withhold or pay to the creditor a ny part of the debtor's earnings under this garnishment unless you receive an order of the court dir ecting you to do so. MULTIPLE EARNINGS GARNISHMENTS 5. If the debtor's earnings are already being garnished when you receive this earnings ga rnishment, place this earnings garnishment into effect the pay period after the last of any prior earnings garnishments termi nates. Notify the debtor of the amount of the garnishment and notify the creditor of the amount owed on the pendi ng garnishments by the end of the 7th business day after you receive these forms. If there are no prior pendi ng earnings garnishments against the debtor's earnings, place this earnings garnishment into effect the pay p eriod after you receive it. EARNINGS GARNISHMENTS LAST 13 WEEKS, EXCEPT FOR PUBLIC EMPLOYEES AND EXCEPT FOR GARNISHMENTS TO SATISFY AN ORDER FOR VICTIM RESTITUTION 6. The garnishment of the earnings of employees of the state of Wisconsin and its political subdivisions, and a garnishment to satisfy an order for victim restitution under §973.20(1r), W is. Stats., for v ictim restitution remain in effect until the judgment is satisfied. The garnishment of earnings of other employees w ill affect the debtor's earnings for all pay periods beginning within 13 weeks after you receive it, unless the d ebtor's earnings are already being garnished. If this earnings garnishment is delayed under paragraph 5 above, i t will affect the debtor's earnings for all pay periods beginning within 13 weeks after the first day of the pay period that you put this earnings garnishment into effect. If the amount claimed by the creditor is fully paid bef ore the end of the 13 weeks, this earnings garnishment will terminate at that point. PAYING THE CREDITOR 7. Between 5 and 10 business days after each payday of a pay period affected by this earning s garnishment, pay the creditor 20% of the debtor's disposable earnings or the amount by which disposable earni ngs exceed thirty times the federal minimum hourly wage, whichever is less, for that pay period. After the first pay ment, keep a $3 fee for each payment delivered to the creditor. That additional fee shall be deducted from the moneys delivered to the creditor. Payment is complete upon mailing. "Disposable earnings" are those rem aining after deducting Social Security, state and federal income taxes. EFFECT OF COURT-ORDERED ASSIGNMENTS FOR SUPPORT 8. If the debtor has assigned his or her earnings for support by court order, those support payments take pri ority over this earnings garnishment. If 25% or more of the debtors' disposable earnings is assigned for suppor t by the court order, do not pay any part of the debtor's earnings to the creditor. Instead, send the credi tor a statement of that fact by the end of the 7th business day after you receive these forms. If less than 25% of the debtor's earnings is assigned for support by court order, the amount the creditor m ust be paid is reduced so that the total of earnings assigned and garnished does not exceed 25% of the debtor's disposable earn ings. EXTENSIONS 9. The debtor and creditor may agree in writing to extend this earnings garnishment for additional pay periods beginning within 13 weeks after this earnings garnishment would otherwise terminate. If you receive a written extension stipulation, and an additional garnishee fee for each extension, you must honor it unl ess a different garnishment against this debtor's earnings is served upon you before the extension takes eff ect. In that case, the extension is void and you must return the extension fee to the party who paid it to you.