AB150, s. 7139 11Section 7139. 779.97 (4) (c) 2. of the statutes is amended to read:
AB150,2298,2212 779.97 (4) (c) 2. If a certificate of release is presented for filing with any other
13filing officer specified in sub. (2), the officer shall enter the certificate with the date
14of filing in any alphabetical federal lien index on the line where the original notice
15of lien is entered and may then remove the notice of federal lien and any related
16refiling of a notice of lien, certificate of nonattachment, discharge or subordination
17from the files, provided that the officer shall keep the certificate of release or a
18microfilm or other photographic record, or in the case of the secretary of state, or a
19register of deeds if authorized under s. 59.512, a microfilm or other photographic
20record or optical disk or electronic record, of the certificate of release in a file,
21separate from those containing currently effective notices of federal liens, for a
22period of 30 years after the date of filing of the certificate of release.
AB150, s. 7140
1Section 7140. 779.97 (4) (c) 2. of the statutes, as created by 1995 Wisconsin
2Act .... (this act), is repealed and recreated to read:
AB150,2299,133 779.97 (4) (c) 2. If a certificate of release is presented for filing with any other
4filing officer specified in sub. (2), the officer shall enter the certificate with the date
5of filing in any alphabetical federal lien index on the line where the original notice
6of lien is entered and may then remove the notice of federal lien and any related
7refiling of a notice of lien, certificate of nonattachment, discharge or subordination
8from the files, provided that the officer shall keep the certificate of release or a
9microfilm or other photographic record, or in the case of the department of financial
10institutions, or a register of deeds if authorized under s. 59.512, a microfilm or other
11photographic record or optical disk or electronic record, of the certificate of release
12in a file, separate from those containing currently effective notices of federal liens,
13for a period of 30 years after the date of filing of the certificate of release.
****Note: This is reconciled s. 779.97 (4) (c) 2. This Section has been affected by drafts with
the following LRB numbers: 95-2104/3 and 95-2387/1.
AB150, s. 7141 14Section 7141. 800.02 (2) (a) (intro.) of the statutes is amended to read:
AB150,2300,215 800.02 (2) (a) (intro.) The citation shall be signed by a peace officer or endorsed
16by a municipal attorney or, if applicable, signed by a conservation warden or a state
17park ranger
. In addition, the governing body of a municipality authorized to adopt
18the use of citations may designate by ordinance or resolution other municipal
19officials who may issue citations with respect to ordinances which are directly
20related to the official responsibilities of the officials. Officials granted the authority
21to issue citations may delegate, with the approval of the governing body, the
22authority to employes. Authority delegated to an official or employe may be revoked

1only in the same manner by which it is conferred. The citation shall contain
2substantially the following information:
AB150, s. 7142 3Section 7142. 803.03 (2) (a) of the statutes is amended to read:
AB150,2300,174 803.03 (2) (a) Joinder of related claims. A party asserting a claim for
5affirmative relief shall join as parties to the action all persons who at the
6commencement of the action have claims based upon subrogation to the rights of the
7party asserting the principal claim, derivation from the principal claim, or
8assignment of part of the principal claim. For purposes of this section, a person's
9right to recover for loss of consortium shall be deemed a derivative right. Any public
10assistance recipient or any estate of such a recipient asserting a claim against a 3rd
11party for which the public assistance provider has a right of subrogation or
12assignment under s. 49.65 (2) or (3) 49.89 (2) or (3) shall join the provider as a party
13to the claim. Any party asserting a claim based upon subrogation to part of the claim
14of another, derivation from the rights or claim of another, or assignment of part of the
15rights or claim of another shall join as a party to the action the person to whose rights
16the party is subrogated, from whose claim the party derives his or her rights or claim,
17or by whose assignment the party acquired his or her rights or claim.
AB150, s. 7143 18Section 7143. 808.075 (4) (d) 4. of the statutes is amended to read:
AB150,2300,2119 808.075 (4) (d) 4. Revision of judgment or order for child support, maintenance
20payments or family support payments under s. 767.32 or 767.51 or revision of
21judgment or order for child support or family support payments under s. 767.323
.
AB150, s. 7144 22Section 7144. 812.30 (9) of the statutes is amended to read:
AB150,2301,223 812.30 (9) "Need-based public assistance" means aid to families with
24dependent children, general emergency medical relief, relief to needy Indian persons
25provided by counties under s. 59.07 (154), medical assistance, supplemental security

1income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38
2USC 501
to 562.
AB150, s. 7145 3Section 7145. 812.44 (4) of the statutes is amended to read:
AB150,2301,54 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35
5(4) shall be in substantially the following form:
AB150,2301,66 STATE OF WISCONSIN
AB150,2301,77 CIRCUIT COURT:.... County
AB150,2301,99 A.B., Creditor
AB150,2301,1010 vs. File or Reference Number....
AB150,2301,1111 C.D., Debtor EXEMPTION NOTICE
AB150,2301,1212 and EARNINGS GARNISHMENT
AB150,2301,1313 E.F., Garnishee
AB150,2301,1515 To the debtor:
AB150,2301,2016 The creditor was awarded a judgment against you or your spouse by.... (County
17Circuit or Federal District) Court on the.... day of...., 19.. That judgment not having
18been fully paid, the creditor has now filed a garnishment proceeding against your
19earnings from the garnishee. This means that the creditor is seeking to take some
20of your earnings to satisfy part or all of the judgment against you or your spouse.
AB150,2301,2121 The total amount of the creditor's claim is as follows:
AB150,2301,2222 Unpaid balance on judgment $....
AB150,2301,2323 Unpaid postjudgment interest $....
AB150,2301,2424 Costs:
AB150,2301,2525 a. Garnishment filing fee $....
AB150,2302,1
1b. Garnishee fee $....
AB150,2302,22 c. Service of process (estimate) $....
AB150,2302,33 TOTAL $....
AB150,2302,64 By law, you are entitled to an exemption of not less than 80% of your disposable
5earnings. Your "disposable earnings" are those remaining after social security and
6federal and state income taxes are withheld.
AB150,2302,77 Your earnings are completely exempt from garnishment if:
AB150,2302,108 1. Your household income is below the federal poverty level, or this
9garnishment would cause that to happen. See the enclosed schedules and worksheet
10to determine if you qualify for this exemption.
AB150,2302,1611 2. You receive aid to families with dependent children, general emergency
12medical
relief, relief to needy Indian persons provided by counties under section
1359.07 (154) of the Wisconsin Statutes
, medical assistance, supplemental security
14income, food stamps, or veterans benefits based on need under USC 501 to 562 or
15section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within
16the past 6 months.
AB150,2302,1817 3. At least 25% of your disposable earnings are assigned by court order for
18support.
AB150,2302,2119 If you qualify for a complete exemption, you must give or mail a copy of the
20enclosed debtor's answer form to the garnishee in order to receive that increased
21exemption.
AB150,2302,2322 If your circumstances change while the garnishment is in effect, you may file
23a new answer at any time.
AB150,2303,224 If you do not qualify for a complete exemption, but you will not be able to acquire
25the necessities of life for yourself and your dependents if your earnings are reduced

1by this earnings garnishment, you may ask the court in which this earnings
2garnishment was filed to increase your exemption or grant you other relief.
AB150,2303,43 IF YOU NEED ASSISTANCE
4 CONSULT AN ATTORNEY
AB150,2303,105 If you have earnings that are being garnisheed that are exempt or subject to a
6defense, the sooner you file your answer or seek relief from the court, the sooner such
7relief can be provided. This earnings garnishment affects your earnings in pay
8periods beginning within 13 weeks after it was served on the garnishee. You may
9agree in writing with the creditor to extend it for additional 13-week periods until
10the debt is paid.
AB150,2303,1111 PENALTIES
AB150,2303,1412 If you wrongly claim an exemption or defense in bad faith, or if the creditor
13wrongly objects to your claim in bad faith, the court may order the person who acted
14in bad faith to pay court costs, actual damages and reasonable attorney fees.
AB150, s. 7146 15Section 7146. 812.44 (5) of the statutes is amended to read:
AB150,2303,1716 812.44 (5) The debtor's answer form under s. 812.37 shall be in substantially
17the following form:
AB150,2303,1818 STATE OF WISCONSIN
AB150,2303,1919 CIRCUIT COURT:.... County
AB150,2303,2121 A.B., Creditor
AB150,2303,2222 vs. File or Reference Number....
AB150,2303,2323 C.D., Debtor EARNINGS GARNISHMENT
AB150,2303,2424 and DEBTOR'S ANSWER
AB150,2303,2525 E.F., Garnishee

AB150,2304,22 To the garnishee:
AB150,2304,33 My earnings are COMPLETELY EXEMPT from earnings garnishment because:
AB150,2304,44 ... 1. The judgment has been paid or is void.
AB150,2304,95 ... 2. I receive, am eligible for, or have within 6 months received, aid to families with
6dependent children, general emergency medical relief, relief to needy Indian persons
7provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical
8assistance, supplemental security income, food stamps, or veterans benefits based
9on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.
AB150,2304,1010 ... 3. At least 25% of my disposable earnings are assigned for support by court order.
AB150,2304,1211 ... 4. My household income is less than the poverty line, or this garnishment would
12cause that to happen.
AB150,2304,1313 ... 5. I have another defense to this earnings garnishment (explain briefly).
AB150,2304,1716 I understand that if I claim a complete exemption or defense in bad faith, I may
17be held liable to the creditor for actual damages, costs and reasonable attorney fees.
AB150,2304,1818 DATE .... Signature of Debtor ....
AB150,2304,1919 Address ....
AB150,2304,2020 Telephone Number ....
AB150,2304,2121 Date Received by Garnishee ....
AB150, s. 7147 22Section 7147. 813.16 (7) of the statutes is amended to read:
AB150,2305,423 813.16 (7) If the person seeking the appointment of a receiver under sub. (1)
24is a corporation supervised by the office of the commissioner of savings and loan
25department of financial institutions, home loan bank board, U.S. office of thrift

1supervision, federal deposit insurance corporation or resolution trust corporation,
2the court, unless the opposing party objects, shall appoint an officer of such
3corporation as receiver to act without compensation and to give such bond as the
4court requires.
AB150, s. 7148 5Section 7148. 814.04 (intro.) of the statutes is amended to read:
AB150,2305,9 6814.04Items of costs. (intro.) Except as provided in ss. 93.20, 101.22 106.04
7(6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2),
8943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as
9follows:
AB150, s. 7149 10Section 7149. 814.245 (2) (d) of the statutes is amended to read:
AB150,2305,1211 814.245 (2) (d) "State agency" does not include the public intervenor or citizens
12utility board.
AB150, s. 7150 13Section 7150. 814.29 (1) (d) 1. of the statutes is amended to read:
AB150,2305,1914 814.29 (1) (d) 1. That the person is a recipient of means-tested public
15assistance, including without limitation aid to families with dependent children,
16general emergency medical relief, relief to needy Indian persons provided by
17counties under s. 59.07 (154)
, medical assistance, supplemental security income,
18food stamps or benefits received by veterans under s. 45.351 (1) or under 38 USC 501
19to 562.
AB150, s. 7151 20Section 7151. 814.61 (1) (a) 1. of the statutes is repealed.
AB150, s. 7152 21Section 7152. 814.61 (1) (a) 2. of the statutes is renumbered 814.61 (1) (a) and
22amended to read:
AB150,2306,523 814.61 (1) (a) Except as provided under pars. (c) and (d), beginning with fees
24imposed on September 1, 1989, and ending with fees imposed on December 31, 1995,

25at the commencement of all civil actions and special proceedings not specified in ss.

1814.62 to 814.66, $75. Of the fees received by the clerk under this subdivision
2paragraph, the county treasurer shall pay $45 to the state treasurer for deposit in
3the general fund and shall retain the balance for the use of the county. The state
4treasurer shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j) 20.505
5(1) (ja)
.
AB150, s. 7153 6Section 7153. 814.61 (3) (a) of the statutes is repealed.
AB150, s. 7154 7Section 7154. 814.61 (3) (b) of the statutes is renumbered 814.61 (3) and
8amended to read:
AB150,2306,169 814.61 (3) Third-party complaint. Beginning with the fees imposed on
10September 1, 1989, and ending with fees imposed on December 31, 1995, when
When
11any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45. The
12defendant shall pay only one such $45 fee in an action. Of the fees received by the
13clerk under this paragraph subsection, the county treasurer shall pay $25 to the
14state treasurer for deposit in the general fund and shall retain the balance for the
15use of the county. The state treasurer shall credit $5 of the $25 to the appropriation
16under s. 20.680 (2) (j) 20.505 (1) (ja).
AB150, s. 7155 17Section 7155. 814.61 (7) (d) of the statutes is created to read:
AB150,2306,1918 814.61 (7) (d) Paragraph (a) does not apply to the filing of an affidavit under
19s. 767.323.
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