Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB327 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 327
5	5	June 7, 2023 - Introduced by Senators HUTTON, CABRAL-GUEVARA, WANGGAARD,
6	6	BALLWEG and STROEBEL, cosponsored by Representatives TUSLER, ALLEN,
7	7	BEHNKE, CONLEY, GUSTAFSON, KITCHENS, MURPHY, O'CONNOR, PENTERMAN,
8	8	RETTINGER, ROZAR, SPIROS and WICHGERS. Referred to Committee on Labor,
9	9	Regulatory Reform, Veterans and Military Affairs.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to repeal 812.40, 812.405 and 812.42 (2) (b); to renumber and amend
12	12	812.39 (1) and 812.39 (2); to amend 812.33 (1), 812.35 (5), 812.35 (6), 812.38
13	13	(2), 812.44 (3) and 812.44 (4); and to create 812.39 (1) (a), 812.39 (1) (b), 812.39
14	14	(1) (c), 812.39 (2) (b), 812.39 (2m) and 812.395 of the statutes; relating to:
15	15	eliminating the 13-week limit on the garnishment of earnings of certain
16	16	debtors.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill eliminates the 13-week limit imposed on the garnishment of earnings
19	19	of certain debtors. Under current law, a creditor may file a garnishment notice with
20	20	a court and pay a fee to a garnishee for the purpose of collecting an unsatisfied
21	21	judgment for money damages from earnings owed to the debtor by the garnishee.
22	22	Current law limits the number of weeks in which the earnings of a debtor, other than
23	23	a debtor who is an employee of the state or a political subdivision of the state, may
24	24	be garnished to 13 weeks.
25	25	The people of the state of Wisconsin, represented in senate and assembly, do
26	26	enact as follows:
27	27	SECTION 1. 812.33 (1) of the statutes is amended to read:
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36	36	SECTION 1 SENATE BILL 327
37	37	812.33 (1) The creditor shall pay a $15 fee to the garnishee for each earnings
38	38	garnishment or each stipulated extension of that earnings garnishment, except that
39	39	there is no fee for a garnishment to satisfy an order for restitution under s. 973.20
40	40	(1r). This fee shall be included as a cost in the creditor's claim in the earnings
41	41	garnishment.
42	42	SECTION 2. 812.35 (5) of the statutes is amended to read:
43	43	812.35 (5) Upon being served, the garnishee shall determine whether the
44	44	garnishee may become obligated to the debtor for earnings earned within pay periods
45	45	beginning within 13 weeks after the date of service. If it is unlikely that the
46	46	garnishee will become so obligated, the garnishee shall send a statement of that fact
47	47	to the creditor by the end of the 7th business day after receiving the earnings
48	48	garnishment form under sub. (3). The creditor shall send a copy of this statement
49	49	to the court within 7 business days after receipt of the statement.
50	50	SECTION 3. 812.35 (6) of the statutes is amended to read:
51	51	812.35 (6) If the garnishee may become obligated to the debtor for earnings
52	52	earned within pay periods beginning within 13 weeks after the date of service, but
53	53	one or more earnings garnishments against the debtor have already been served on
54	54	the garnishee and not terminated, the garnishee shall retain the earnings
55	55	garnishment form and place the garnishment into effect the pay period after the last
56	56	of any prior earnings garnishments terminates. The garnishee shall notify the
57	57	debtor of the amount of the garnishment and shall notify the creditor of the amount
58	58	owed on the pending garnishments that one or more earnings garnishments are in
59	59	effect against the debtor by the end of the 7th business day after receipt of the
60	60	garnishment form under sub. (3). Unless s. 812.39 (2) or (2m) applies to the debtor,
61	61	the garnishee shall recalculate the amount to pay to each creditor for which an
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89	89	SECTION 3
90	90	SENATE BILL 327
91	91	earnings garnishment remains in effect using the procedure under s. 812.39 (1). If
92	92	s. 812.39 (2) or (2m) applies, the garnishee shall recalculate the amount to pay to each
93	93	creditor for which an earnings garnishment remains in effect using the procedure
94	94	under s. 812.39 (2) or (2m), whichever applies. After making the recalculation
95	95	required under this subsection, the garnishee shall, subject to the exemption under
96	96	s. 812.34 (2) and the limits under s. 812.39 (2) and (2m) on the total earnings that
97	97	may be garnished, place the garnishment into effect for the pay period falling after
98	98	the 7th business day after receipt of the garnishment form. If, before the earnings
99	99	garnishment takes effect, the garnishee determines that it is unlikely that the
100	100	garnishee will continue to be obligated to the debtor for earnings, the garnishee shall
101	101	notify the creditor and court under sub. (5) within 7 business days after making that
102	102	determination.
103	103	SECTION 4. 812.38 (2) of the statutes is amended to read:
104	104	812.38 (2) A motion or petition under sub. (1) may be made at any time during
105	105	the pendency of the earnings garnishment. Within 5 business days after a motion
106	106	or petition is filed under sub. (1), the court shall schedule the matter for a hearing
107	107	to be held as promptly as practicable. The court shall notify the parties of the time
108	108	and place of the hearing. Upon conclusion of the hearing, the court shall make
109	109	findings of fact and conclusions of law. The court shall make such order as required
110	110	by these findings and conclusions. If the order permits the garnishment to proceed,
111	111	the date on which the order is served upon the garnishee shall substitute for the
112	112	original date of service of the garnishment upon the garnishee under s. 812.35 (3) for
113	113	the purpose of determining any 13-week period under s. 812.35 (5) or (6). A court
114	114	order shall bind the garnishee from the time the order is served upon him or her the
115	115	garnishee.
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142	142	SECTION 5 SENATE BILL 327
143	143	SECTION 5. 812.39 (1) of the statutes is renumbered 812.39 (1) (intro.) and
144	144	amended to read:
145	145	812.39 (1) (intro.) Between 5 and 10 business days after the payday of each pay
146	146	period in which the debtor's earnings are subject to the earnings garnishment, the
147	147	garnishee shall, subject to the exemption under s. 812.34 (2) and except as provided
148	148	in subs. (2) and (2m), pay the creditor that portion of the debtor's nonexempt
149	149	disposable earnings to which the creditor is entitled. If the debtor's earnings are
150	150	already being garnished by one or more earnings garnishments when the garnishee
151	151	is served under s. 812.35 (3) (b) by a creditor with a garnishment form to recover an
152	152	amount owed by that debtor, the garnishee shall, subject to the exemption under s.
153	153	812.34 (2) and except as provided in subs. (2) and (2m), do all of the following:
154	154	SECTION 6. 812.39 (1) (a) of the statutes is created to read:
155	155	812.39 (1) (a) Determine 20 percent of the debtor's disposable earnings.
156	156	SECTION 7. 812.39 (1) (b) of the statutes is created to read:
157	157	812.39 (1) (b) Divide the quotient under par. (a) by the total number of
158	158	creditors.
159	159	SECTION 8. 812.39 (1) (c) of the statutes is created to read:
160	160	812.39 (1) (c) Pay each creditor the amount determined under par. (b).
161	161	SECTION 9. 812.39 (2) of the statutes is renumbered 812.39 (2) (a) and amended
162	162	to read:
163	163	812.39 (2) (a) Court-ordered assignments of the debtor's earnings for support
164	164	or maintenance under ch. 767, regardless of the date the garnishee first receives
165	165	notice of the assignment, take priority over an earnings garnishment under this
166	166	subchapter. If and take priority over a garnishment to satisfy an order for restitution
167	167	under s. 973.20 (1r). Except as provided in par. (b), if the debtor's earnings are subject
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195	195	SECTION 9
196	196	SENATE BILL 327
197	197	to assignment under s. 767.75, the creditor, including a creditor entitled to an
198	198	earnings garnishment to satisfy an order for restitution under s. 973.20 (1r), shall
199	199	not be entitled to an amount greater than 25 percent of the debtor's disposable
200	200	earnings less the amount assigned under s. 767.75. If the garnishee determines that
201	201	the amount to be garnished pursuant to an order under s. 767.75 is equal to or greater
202	202	than 25 percent of the debtor's disposable earnings, the garnishee shall notify the
203	203	creditor and the court under s. 812.35 (5) within 7 business days after making that
204	204	determination.
205	205	SECTION 10. 812.39 (2) (b) of the statutes is created to read:
206	206	812.39 (2) (b) If one or more earnings garnishments are in effect for a debtor
207	207	whose earnings are subject to assignment under s. 767.75, the garnishee shall, if the
208	208	amount assigned under s. 767.75 is less than 25 percent of the debtor's disposable
209	209	earnings, do all of the following:
210	210	1. Determine the difference between 25 percent of the debtor's disposable
211	211	income and the sum of the following:
212	212	a. The amount assigned under s. 767.75.
213	213	b. The amount, if any, to be garnished to satisfy an order for restitution under
214	214	s. 973.20 (1r).
215	215	2. a. If the difference determined under subd. 1. is less than 25 percent of the
216	216	debtor's disposable income, divide the difference under subd. 1. by the number of
217	217	creditors.
218	218	b. Pay each creditor the amount determined under subd. 2. a.
219	219	3. If the difference determined under subd. 1. is 25 percent or more of the
220	220	debtor's disposable income, notify the creditor and court under s. 812.35 (5) within
221	221	7 business days after making that determination.
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248	248	SECTION 11 SENATE BILL 327
249	249	SECTION 11. 812.39 (2m) of the statutes is created to read:
250	250	812.39 (2m) (a) Court-ordered garnishment of the debtor's earnings to satisfy
251	251	an order for restitution under s. 973.20 (1r), regardless of the date the garnishee first
252	252	receives notice of the court-ordered garnishment, takes priority over an earnings
253	253	garnishment under this subchapter. Subject to sub. (2), and except as provided in
254	254	pars. (b) and (c), if the debtor's earnings are subject to garnishment under s. 973.20
255	255	(1r), the creditor shall not be entitled to an amount greater than 20 percent of the
256	256	debtor's disposable earnings less the amount to be garnished pursuant to court order
257	257	under s. 973.20 (1r).
258	258	(b) If one or more earnings garnishments are in effect for a debtor who owes
259	259	restitution under s. 973.20 (1r), the garnishee shall, subject to sub. (2) and except as
260	260	provided in par. (c), do all of the following:
261	261	1. Determine the difference between 20 percent of the debtor's disposable
262	262	income and the amount to be garnished to satisfy an order for restitution under s.
263	263	973.20 (1r).
264	264	2. Divide the difference under subd. 1. by the number of creditors.
265	265	3. Pay each creditor the amount determined under subd. 2.
266	266	(c) If the garnishee determines that the amount to be garnished pursuant to
267	267	court order under s. 973.20 (1r) is equal to or greater than 20 percent of the debtor's
268	268	disposable earnings, the garnishee shall notify each creditor and court under s.
269	269	812.35 (5) within 7 business days after making that determination.
270	270	SECTION 12. 812.395 of the statutes is created to read:
271	271	812.395 Garnishment of earnings remains in effect; notice to debtor.
272	272	(1) A garnishment of earnings payable to a debtor, including a debtor who owes
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299	299	SECTION 12
300	300	SENATE BILL 327
301	301	victim restitution ordered under s. 973.20 (1r), remains valid and effective until the
302	302	judgment is satisfied, unless sooner terminated by order of the court.
303	303	(2) For a garnishment of earnings that extends beyond a 13-week period,
304	304	following the first 13-week period the creditor shall, at least 3 business days before
305	305	the payday of the first pay period of each subsequent 13-week period during the
306	306	effective period of a garnishment and until the judgment is satisfied or the
307	307	garnishment is terminated by order of the court, serve the earnings garnishment
308	308	form issued by the clerk of courts under s. 812.35 (2) upon the debtor by one of the
309	309	following means:
310	310	(a) First class mail.
311	311	(b) Certified mail, return receipt requested.
312	312	(c) Any means permissible for the service of a summons in a civil action, other
313	313	than publication.
314	314	SECTION 13. 812.40 of the statutes is repealed.
315	315	SECTION 14. 812.405 of the statutes is repealed.
316	316	SECTION 15. 812.42 (2) (b) of the statutes is repealed.
317	317	SECTION 16. 812.44 (3) of the statutes is amended to read:
318	318	812.44 (3) The earnings garnishment form issued by the clerk under s. 812.35
319	319	(2) shall be in substantially the following form:
320	320	STATE OF WISCONSIN
321	321	CIRCUIT COURT: .... County
322	322	A.B., Creditor
323	323	vs. File or Reference Number ....
324	324	C.D., Debtor EARNINGS
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351	351	SECTION 16 SENATE BILL 327
352	352	and GARNISHMENT
353	353	E.F., Garnishee
354	354	THE STATE OF WISCONSIN, To the garnishee:
355	355	The creditor has been awarded a court judgment that has not been paid. As a
356	356	result, the creditor claims that a total of $.... is owed by the debtor, as follows:
357	357	A. Unpaid balance on judgment $....
358	358	B. Unpaid postjudgment interest $....
359	359	C. Costs of this earnings garnishment
360	360	(estimated) $....
361	361	TOTAL $....
362	362	The creditor believes that you will owe the debtor for earnings within the next
363	363	13 weeks after the date on which you receive this form. If the $15 fee is tendered with
364	364	these papers, you are directed by the court to do the following:
365	365	DETERMINE WHETHER YOU WILL
366	366	OWE THE DEBTOR EARNINGS
367	367	1. Determine if you are likely to owe the debtor for earnings in pay periods
368	368	beginning within the next 13 weeks earned on or after the date on which you receive
369	369	this form.
370	370	2. If you are not likely to owe the debtor for earnings in pay periods beginning
371	371	within the next 13 weeks earned on or after the date on which you receive this form,
372	372	send a statement stating that fact to the creditor by the end of the 7th business day
373	373	after receiving the earnings garnishment forms.
374	374	IF THE DEBTOR SENDS YOU AN ANSWER
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401	401	SECTION 16
402	402	SENATE BILL 327
403	403	3. Whenever you receive a debtor's answer form from the debtor, mail a copy of
404	404	the answer form to the creditor by the end of the 3rd business day after receipt of that
405	405	form. Include the date you received the answer form on the copy sent to the creditor.
406	406	4. If the debtor's answer form claims a complete exemption or defense, do not
407	407	withhold or pay to the creditor any part of the debtor's earnings under this
408	408	garnishment unless you receive an order of the court directing you to do so.
409	409	MULTIPLE EARNINGS GARNISHMENTS
410	410	5. If the debtor's earnings are already being garnisheed when you receive this
411	411	earnings garnishment, place this earnings garnishment into effect the pay period
412	412	after the last of any prior earnings garnishments terminates. Notify notify the
413	413	debtor of the amount of the garnishment and notify the creditor of the amount owed
414	414	on the pending garnishments by the end of the 7th business day after you receive
415	415	these forms. If there are no prior pending earnings garnishments against the
416	416	debtor's earnings, Determine the amount you will pay to each creditor using the
417	417	method described in the section titled “PAYING THE CREDITOR; P AYING
418	418	MULTIPLE CREDITORS” and place this earnings garnishment into effect the pay
419	419	period that begins at the end of the 7th business day after you receive it.
420	420	EARNINGS GARNISHMENTS
421	421	LAST 13 WEEKS, EXCEPT
422	422	FOR PUBLIC EMPLOYEES AND
423	423	EXCEPT FOR GARNISHMENTS TO
424	424	SATISFY AN ORDER FOR VICTIM
425	425	RESTITUTION REMAIN IN EFFECT
426	426	UNTIL THE JUDGMENT IS SA TISFIED
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452	452	SECTION 16 SENATE BILL 327
453	453	6. The garnishment of the earnings of employees of the state of Wisconsin and
454	454	its political subdivisions, and a garnishment to satisfy an order for victim restitution
455	455	under s. 973.20 (1r) for victim restitution remains in effect until the judgment is
456	456	satisfied. The garnishment of earnings of other employees will affect the debtor's
457	457	earnings for all pay periods beginning within 13 weeks after you receive it, unless
458	458	the debtor's earnings are already being garnisheed. If this earnings garnishment is
459	459	delayed under paragraph 5, above, it will affect the debtor's earnings for all pay
460	460	periods beginning within 13 weeks after the first day of the pay period that you put
461	461	this earnings garnishment into effect. If the amount claimed by the creditor is fully
462	462	paid before the end of the 13 weeks, this earnings garnishment will terminate at that
463	463	point.
464	464	PAYING THE CREDITOR; PAYING MULTIPLE CREDITORS
465	465	7. Between 5 and 10 business days after each payday of a pay period affected
466	466	by this earnings garnishment, pay the creditor 20% of the debtor's disposable
467	467	earnings for that pay period. If this earnings garnishment is one of 2 or more
468	468	earnings garnishments issued for this debtor, before paying any creditor, first
469	469	determine 20% of the debtor's disposable earnings for the pay period and then divide
470	470	that amount equally between all creditors. Payment is complete upon mailing.
471	471	EFFECT OF COURT-ORDERED
472	472	ASSIGNMENTS FOR SUPPORT
473	473	8. If the debtor has assigned his or her earnings for support by court order, those
474	474	support payments take priority over this earnings garnishment. If 25% or more of
475	475	the debtor's disposable earnings is assigned for support by court order, do not pay any
476	476	part of the debtor's earnings to the creditor. Instead, send the creditor a statement
477	477	of that fact by the end of the 7th business day after you receive these forms. If less
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505	505	SECTION 16
506	506	SENATE BILL 327
507	507	than 25% of the debtor's earnings is assigned for support by court order, the amount
508	508	the creditor must be paid is reduced so that the total of earnings assigned and
509	509	garnisheed, earnings garnished to satisfy an order for restitution under s. 973.20
510	510	(1r), this wage garnishment, and all other wage garnishments in effect for this debtor
511	511	does not exceed 25% of the debtor's disposable earnings. If this earnings
512	512	garnishment is one of 2 or more earnings garnishments issued for this debtor and if
513	513	25% or more of the debtor's disposable earnings is assigned for support by court
514	514	order, do not pay any part of the debtor's earnings to any creditor. Instead, send the
515	515	creditor a statement of that fact by the end of the 7th business day after you receive
516	516	these forms. If this earnings garnishment is one of 2 or more earnings garnishments
517	517	issued for this debtor and if less than 25% of the debtor's disposable earnings is
518	518	assigned for support by court order, determine the amount each creditor must be paid
519	519	by first determining the difference between 25% of the debtor's disposable earnings
520	520	and the amount assigned for support by court order and then dividing the difference
521	521	by the number of creditors. If this earnings garnishment is one of 2 or more earnings
522	522	garnishments issued for this debtor and if less than 25% of the debtor's disposable
523	523	earnings is assigned for support by court order and if this debtor's earnings are also
524	524	being garnished to satisfy an order for restitution under s. 973.20 (1r), determine the
525	525	amount each creditor must be paid by first determining the difference between 25%
526	526	of the debtor's disposable earnings and the sum of the amount assigned for support
527	527	by court order and the amount garnished to satisfy an order for restitution. Then,
528	528	divide the difference by the number of creditors.
529	529	EXTENSIONS EFFECT OF A GARNISHMENT
530	530	TO SATISFY AN ORDER FOR RESTITUTION
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554	554	24 - 12 -2023 - 2024 Legislature LRB-3208/1
555	555	KRP:cdc
556	556	SECTION 16 SENATE BILL 327
557	557	9. The debtor and creditor may agree in writing to extend this earnings
558	558	garnishment for additional pay periods beginning within 13 weeks after this
559	559	earnings garnishment would otherwise terminate. If you receive a written extension
560	560	stipulation, and an additional garnishee fee for each extension, you must honor it
561	561	unless a different garnishment against this debtor's earnings is served upon you
562	562	before the extension takes effect. In that case, the extension is void and you must
563	563	return the extension fee to the party who paid it to you If the earnings payable to a
564	564	debtor who owes restitution under a court order are being garnished to satisfy that
565	565	order for restitution, those restitution payments take priority over this earnings
566	566	garnishment. If 20% or more of the debtor's disposable earnings is being garnished
567	567	to satisfy an order for restitution, do not pay any part of the debtor's earnings to the
568	568	creditor. Instead, send the creditor a statement of that fact by the end of the 7th
569	569	business day after you receive these forms. If less than 20% of the debtor's earnings
570	570	is being garnished to satisfy an order for restitution, the amount the creditor must
571	571	be paid is reduced so that the total of earnings garnished for restitution and
572	572	garnished under this earnings garnishment and any other earnings garnishments
573	573	in effect for this debtor does not exceed 20% of the debtor's disposable earnings. If
574	574	this earnings garnishment is one of 2 or more earnings garnishments issued for this
575	575	debtor and if 20% or more of the debtor's disposable earnings is being garnished to
576	576	satisfy an order for restitution, do not pay any part of the debtor's earnings to any
577	577	creditor. Instead, send the creditor a statement of that fact by the end of the 7th
578	578	business day after you receive these forms. If this earnings garnishment is one of 2
579	579	or more earnings garnishments issued for this debtor, and if less than 20% of the
580	580	debtor's disposable earnings is being garnished to satisfy an order for restitution,
581	581	determine the amount each creditor must be paid by first determining the difference
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606	606	25 - 13 -2023 - 2024 Legislature
607	607	LRB-3208/1
608	608	KRP:cdc
609	609	SECTION 16
610	610	SENATE BILL 327
611	611	between 20% of the debtor's disposable earnings and the amount being garnished to
612	612	satisfy an order for restitution and then dividing the difference by the number of
613	613	creditors.
614	614	SECTION 17. 812.44 (4) of the statutes is amended to read:
615	615	812.44 (4) The notice of exemption served upon the garnishee under s. 812.35
616	616	(4) shall be in substantially the following form:
617	617	STATE OF WISCONSIN
618	618	CIRCUIT COURT: .... County
619	619	A.B., Creditor
620	620	vs. File or Reference Number ....
621	621	C.D., Debtor EXEMPTION NOTICE
622	622	and EARNINGS GARNISHMENT
623	623	E.F., Garnishee
624	624	To the debtor:
625	625	The creditor was awarded a judgment against you or your spouse by .... (County
626	626	Circuit or Federal District) Court on the .... day of ...., .... (year). That judgment not
627	627	having been fully paid, the creditor has now filed a garnishment proceeding against
628	628	your earnings from the garnishee. This means that the creditor is seeking to take
629	629	some of your earnings to satisfy part or all of the judgment against you or your
630	630	spouse.
631	631	The total amount of the creditor's claim is as follows:
632	632	Unpaid balance on judgment $....
633	633	Unpaid postjudgment interest $....
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658	658	25 - 14 -2023 - 2024 Legislature LRB-3208/1
659	659	KRP:cdc
660	660	SECTION 17 SENATE BILL 327
661	661	Costs:
662	662	a. Garnishment filing fee $....
663	663	b. Garnishee fee $....
664	664	c. Service of process (estimate) $....
665	665	TOTAL $....
666	666	By law, you are entitled to an exemption of not less than 80% of your disposable
667	667	earnings. Your “disposable earnings" are those remaining after social security and
668	668	federal and state income taxes are withheld.
669	669	Your earnings are completely exempt from garnishment if:
670	670	1. Your household income is below the federal poverty level. See the enclosed
671	671	schedules and worksheet to determine if you qualify for this exemption.
672	672	2. You receive aid to families with dependent children, relief funded by a relief
673	673	block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
674	674	Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
675	675	or veterans benefits based on need under 38 USC 1501 to 1562 or section 45.351 (1)
676	676	of the Wisconsin Statutes, or have received these benefits within the past 6 months.
677	677	3. At least 25% of your disposable earnings are assigned by court order for
678	678	support.
679	679	If the garnishment of 20% of your disposable income would result in the income
680	680	of your household being below the poverty line, the garnishment is limited to the
681	681	amount of your household's income in excess of the poverty line.
682	682	If you qualify for a complete exemption or for a limit on the amount of the
683	683	garnishment to the amount that your household's income exceeds the poverty line,
684	684	you must give or mail a copy of the enclosed debtor's answer form to the garnishee
685	685	in order to receive that increased exemption.
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710	710	25 - 15 -2023 - 2024 Legislature
711	711	LRB-3208/1
712	712	KRP:cdc
713	713	SECTION 17
714	714	SENATE BILL 327
715	715	If your circumstances change while the garnishment is in effect, you may file
716	716	a new answer at any time.
717	717	If you do not qualify for a complete exemption, but you will not be able to acquire
718	718	the necessities of life for yourself and your dependents if your earnings are reduced
719	719	by this earnings garnishment, you may ask the court in which this earnings
720	720	garnishment was filed to increase your exemption or grant you other relief.
721	721	IF YOU NEED ASSISTANCE
722	722	CONSULT AN ATTORNEY
723	723	If you have earnings that are being garnisheed garnished that are exempt or
724	724	subject to a defense, the sooner you file your answer or seek relief from the court, the
725	725	sooner such relief can be provided. This earnings garnishment affects your earnings
726	726	in pay periods beginning within 13 weeks after it was served on the garnishee. You
727	727	may agree in writing with the creditor to extend it for additional 13-week periods
728	728	until the debt is paid.
729	729	PENALTIES
730	730	If you wrongly claim an exemption or defense in bad faith, or if the creditor
731	731	wrongly objects to your claim in bad faith, the court may order the person who acted
732	732	in bad faith to pay court costs, actual damages, and reasonable attorney fees.
733	733	SECTION 18.0Initial applicability.
734	734	(1) This act first applies to an earnings garnishment proceeding commenced on
735	735	the effective date of this subsection.
736	736	(END)
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