The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB446, s. 1 1Section 1. 16.007 (6) (a) of the statutes is amended to read:
SB446,4,42 16.007 (6) (a) Except as provided in par. (b), whenever the claims board by
3unanimous vote finds that payment to a claimant of not more than the amount

1specified in s. 799.01 (1) (d) is justified, it may order the amount that it finds justified
2to be paid on its own motion without submission of the claim in bill form to the
3legislature. The claim shall be paid on a voucher upon the certification of the
4chairperson and secretary of the board, and shall be charged as provided in sub. (6m).
SB446, s. 2 5Section 2. 29.962 of the statutes is created to read:
SB446,4,16 629.962 Worthless checks for approvals. If a person tenders a check or other
7order for payment to an issuing agent appointed under s. 29.024 (6) (a) 3. to make
8payment for an approval issued under this chapter to an issuing agent, and the check
9is drawn on an account that does not exist or on an account with insufficient funds,
10or is otherwise worthless, the issuing agent may give notification to the department
11of the fact after having made an effort to receive payment from the person who
12tendered the check or other payment. If the issuing agent gives such notification, the
13department shall revoke the approval and send notification to the holder of the
14approval that it has been revoked for failure to make payment for the approval. The
15holder of the approval shall return the approval to the department within 7 days
16after receiving the notification.
SB446, s. 3 17Section 3. 218.04 (9j) of the statutes is created to read:
SB446,4,2418 218.04 (9j) Civil action by licensee. A licensee may, after receiving
19authorization from a creditor, consolidate the creditor's account or accounts relating
20to a particular debtor with those of any other creditor or creditors relating to that
21debtor and may bring an action on behalf of the creditor or creditors. A licensee that
22brings an action under this subsection is the real party in interest under s. 803.01
23(2) for purposes of maintaining an action. A licensee that brings an action under this
24subsection shall comply with the caption requirements of s. 895.08.
SB446, s. 4 25Section 4. 799.01 (1) (c) of the statutes is amended to read:
SB446,5,2
1799.01 (1) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where
2the value of the property claimed does not exceed $5,000 $10,000.
SB446, s. 5 3Section 5. 799.01 (1) (d) (intro.) of the statutes is amended to read:
SB446,5,54 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount
5claimed is $5,000 $10,000 or less, if the actions or proceedings are:
SB446, s. 6 6Section 6. 799.01 (1) (e) of the statutes is created to read:
SB446,5,87 799.01 (1) (e) Negligence claims. Notwithstanding par. (d), civil actions arising
8out of a claim based on negligence where the amount claimed is $5,000 or less.
SB446, s. 7 9Section 7. 799.01 (2) of the statutes is amended to read:
SB446,5,1310 799.01 (2) Permissive use of small claims procedure. A taxing authority may
11use the procedure in this chapter in an action to recover a tax from a person liable
12for that tax where the amount claimed, including interest and penalties, is $5,000
13$10,000 or less. This chapter is not the exclusive procedure for those actions.
SB446, s. 8 14Section 8. 802.04 (1) of the statutes is amended to read:
SB446,6,515 802.04 (1) Caption. Every pleading shall contain a caption setting forth the
16name of the court, the venue, the title of the action, the file number, and a designation
17as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains
18cross-claims or counterclaims, the designation in the caption shall state their
19existence. In the complaint the caption of the action shall include the standardized
20description of the case classification type and associated code number as approved
21by the director of state courts, and the title of the action shall include the names and
22addresses of all the parties, indicating the representative capacity, if any, in which
23they sue or are sued and, in actions by or against a corporation, the corporate
24existence and its domestic or foreign status shall be indicated. In pleadings other
25than the complaint, it is sufficient to state the name of the first party on each side

1with an appropriate indication of other parties. Every pleading commencing an
2action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s.
3814.61 (3) shall contain in the caption, if the action includes a claim for a money
4judgment, a statement of whether the amount claimed is greater than the amount
5under s. 799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).
SB446, s. 9 6Section 9. 812.34 (2) (a) of the statutes is amended to read:
SB446,6,97 812.34 (2) (a) Unless the court grants relief under s. 812.38 (2) or par. (b) or (c)
8applies, 80% of the debtor's disposable earnings are exempt from garnishment under
9this subchapter.
SB446, s. 10 10Section 10. 812.34 (2) (b) 1. of the statutes is amended to read:
SB446,6,1211 812.34 (2) (b) 1. The debtor's household income is below the poverty line, or the
12garnishment would cause that result; or
.
SB446, s. 11 13Section 11. 812.34 (2) (c) of the statutes is created to read:
SB446,6,1714 812.34 (2) (c) If the garnishment of 20% of the debtor's disposable income under
15this subchapter would result in the debtor's household income being below the
16poverty line, the amount of the garnishment is limited to the debtor's household
17income in excess of the poverty line before the garnishment is in effect.
SB446, s. 12 18Section 12. 812.37 (1) of the statutes is amended to read:
SB446,7,519 812.37 (1) Except as provided in s. 812.34 (1), the debtor may claim an
20exemption under s. 812.34 (2) (b) or a limit to the garnishment under s. 812.34 (2)
21(c)
, or may assert any defense to the earnings garnishment, by completing the answer
22form and delivering or mailing it to the garnishee, along with the schedules and
23worksheets provided under s. 812.35 (4) (b) and any other documents supporting his
24or her answer, such as a wage statement, a court order regarding the payment of
25support or a document showing the receipt of aid to families with dependent children,

1relief funded by a relief block grant under ch. 49, relief provided by counties under
2s. 59.53 (21), medical assistance, supplemental security income, food stamps, or
3veterans benefits based on need under 38 USC 501 to 562 or s. 45.351 (1)
. The debtor
4or debtor's spouse may file an answer or an amended answer and documentation at
5any time before or during the effective period of the earnings garnishment.
SB446, s. 13 6Section 13. 812.37 (2) of the statutes is amended to read:
SB446,7,127 812.37 (2) Whenever the garnishee receives a debtor's answer or amended
8answer and the schedules, worksheets, and other documents, the garnishee shall
9mail a copy of the answer, schedules, worksheets, and any other documents the
10debtor included with the answer
to the creditor by the end of the 3rd business day
11after receiving the debtor's answer and documents, writing on that copy the date of
12receipt of the answer and documents by the garnishee.
SB446, s. 14 13Section 14. 812.38 (1) (b) of the statutes is amended to read:
SB446,7,1914 812.38 (1) (b) The debtor may file with the court a written petition for relief
15from the earnings garnishment if the exemption percentage under s. 812.34 (2) (a)
16is insufficient for the debtor to acquire the necessities of life for the debtor and his
17or her dependents. The petition shall state with reasonable specificity the grounds
18for the relief requested and shall include any additional information necessary to
19support the petition.
SB446, s. 15 20Section 15. 812.38 (2) of the statutes is amended to read:
SB446,8,1121 812.38 (2) A motion or petition under sub. (1) may be made at any time during
22the pendency of the earnings garnishment. Within 5 business days after a motion
23or petition is filed under sub. (1), the court shall schedule the matter for a hearing
24to be held as promptly as practicable. The court shall notify the parties of the time
25and place of the hearing. Upon conclusion of the hearing, the court shall make

1findings of fact and conclusions of law. If the debtor has failed to produce the
2schedules and worksheets or other documents necessary to support a claim for
3exemptions or other defenses, the court shall award the creditor his or her costs
4related to the motion in an amount of not less than $50. An award under this
5subsection may not substitute for or replace an award made under sub. (3).
The court
6shall make such order as required by these findings and conclusions. If the order
7permits the garnishment to proceed, the date on which the order is served upon the
8garnishee shall substitute for the original date of service of the garnishment upon
9the garnishee under s. 812.35 (3) for the purpose of determining any 13-week period
10under s. 812.35 (5) or (6). A court order shall bind the garnishee from the time the
11order is served upon him or her.
SB446, s. 16 12Section 16. 812.44 (3) (form) 3. of the statutes is amended to read:
SB446,8,1613 812.44 (3) (form) 3. Whenever you receive a debtor's answer form from the
14debtor, mail a copy of the answer form and any documents the debtor included with
15the answer form
to the creditor by the end of the 3rd business day after receipt of that
16form. Include the date you received the answer form on the copy sent to the creditor.
SB446, s. 17 17Section 17. 812.44 (4) (form) 1. of the statutes is amended to read:
SB446,8,2018 812.44 (4) (form) 1. Your household income is below the federal poverty level,
19or this garnishment would cause that to happen. See the enclosed schedules and
20worksheet to determine if you qualify for this exemption.
SB446, s. 18 21Section 18. 812.44 (4) (form) 3. of the statutes is amended to read:
SB446,8,2322 812.44 (4) (form) 3. At least 25% of your disposable earnings are assigned by
23court order for support.
SB446,9,3
1If the garnishment of 20% of your disposable income would result in the income
2of your household being below the poverty line, the garnishment is limited to the
3amount of your household's income in excess of the poverty line.
SB446,9,104 If you qualify for a complete exemption or for a limit on the amount of the
5garnishment to the amount that your household's income exceeds the poverty line
,
6you must give or mail a copy of the enclosed debtor's answer form to the garnishee,
7along with the schedules and worksheets and any other documents supporting your
8answer, such as a wage statement, a court order regarding the payment of support,
9or a document showing the receipt of any of the benefits listed under paragraph 2
10above
in order to receive that increased exemption.
SB446,9,1211 If your circumstances change while the garnishment is in effect, you may file
12a new answer at any time.
SB446,9,1613 If you do not qualify for a complete exemption, but you will not be able to acquire
14the necessities of life for yourself and your dependents if your earnings are reduced
15by this earnings garnishment, you may ask the court in which this earnings
16garnishment was filed to increase your exemption or grant you other relief.
SB446,9,1817 IF YOU NEED ASSISTANCE
18 CONSULT AN ATTORNEY
SB446,9,2419 If you have earnings that are being garnisheed that are exempt or subject to a
20defense, the sooner you file your answer or seek relief from the court, the sooner such
21relief can be provided. This earnings garnishment affects your earnings in pay
22periods beginning within 13 weeks after it was served on the garnishee. You may
23agree in writing with the creditor to extend it for additional 13-week periods until
24the debt is paid.
SB446,9,2525 PENALTIES
SB446,10,3
1If you wrongly claim an exemption or defense in bad faith, or if the creditor
2wrongly objects to your claim in bad faith, the court may order the person who acted
3in bad faith to pay court costs, actual damages and reasonable attorney fees.
SB446, s. 19 4Section 19. 814.04 (1) (a) of the statutes is amended to read:
SB446,10,125 814.04 (1) (a) When the amount recovered or the value of the property involved
6is $1,000 or over greater than the maximum amount specified in s. 799.01 (1) (d),
7attorney fees shall be $100 $500; when it is equal to or less than $1,000 and is $500
8or over, $50
the maximum amount specified in s. 799.01 (1) (d), but is $1,000 or more,
9attorney fees shall be $300
; when it is less than $500 and is $200 or over, $25; and
10when it is less than $200, $15
$1,000, attorney fees shall be $100. In all other cases
11in which there is no amount recovered or that do not involve property, attorney fees
12shall be $300
.
SB446, s. 20 13Section 20. 814.04 (1) (b) of the statutes is repealed.
SB446, s. 21 14Section 21. 814.04 (2) of the statutes is amended to read:
SB446,11,215 814.04 (2) Disbursements. All the necessary disbursements and fees allowed
16by law; the compensation of referees; a reasonable disbursement for the service of
17process or other papers in an action when the same are served by a person authorized
18by law other than an officer, but the item may not exceed the authorized sheriff's fee
19for the same service; amounts actually paid out for certified and other copies of
20papers and records in any public office; postage, telegraphing photocopying,
21telephoning, electronic communications, facsimile transmissions, and express or
22overnight delivery
; depositions including copies; plats, and photographs, not
23exceeding $50 $100 for each item; an expert witness fee not exceeding $100 $300 for
24each expert who testifies, exclusive of the standard witness fee and mileage which
25shall also be taxed for each expert; and in actions relating to or affecting the title to

1lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees
2shall not be taxed as a cost or disbursement.
SB446, s. 22 3Section 22. 814.07 of the statutes is amended to read:
SB446,11,6 4814.07 Costs on motion. Costs may be allowed on a motion, in the discretion
5of the court or judge, not exceeding $50 $300, and may be absolute or directed to abide
6the event of the action.
SB446, s. 23 7Section 23. 814.634 (1) (b) of the statutes is amended to read:
SB446,11,138 814.634 (1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge
9and collect a $100 court support services fee from any person, including any
10governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or
11(3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and
12the amount claimed exceeds the amount under s. 799.01 (1) (d) or, if the claim is based
13on negligence, s. 799.01 (1) (e)
.
SB446, s. 24 14Section 24. 814.634 (1) (c) of the statutes is amended to read:
SB446,11,2115 814.634 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge
16and collect a $30 court support services fee from any person, including any
17governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or
18(b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying
19the fee seeks the recovery of money and the amount claimed is equal to or less than
20the amount under s. 799.01 (1) (d) or, if the claim is based on negligence, s. 799.01
21(1) (e)
.
SB446, s. 25 22Section 25. 815.18 (3) (k) of the statutes is amended to read:
SB446,11,2523 815.18 (3) (k) Depository accounts. Depository accounts in the aggregate value
24of $1,000, but only to the extent that the account is for the debtor's personal use and
25is not used as a business account
.
SB446, s. 26
1Section 26. 895.035 (2) of the statutes is amended to read:
SB446,12,112 895.035 (2) The parent or parents with custody of a minor child, in any
3circumstances where he, she, or they may not be liable under the common law, are
4liable for damages to property, for the cost of repairing or replacing property or
5removing the marking, drawing, writing, or etching from property regarding a
6violation under s. 943.017, for the value of unrecovered stolen property , or for
7personal injury attributable to a wilful, malicious, or wanton act of the child. The
8parent or parents with custody of their minor child are jointly and severally liable
9with the child for the damages imposed under s. 895.80, 943.212, 943.24, 943.245,
10or
943.51 for their child's violation of s. 943.01, 943.011, 943.012, 943.017, 943.20,
11943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
943.50 , or 943.61.
SB446, s. 27 12Section 27. 895.035 (4) of the statutes is amended to read:
SB446,12,2213 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s.
14943.51, the maximum recovery under this section from any parent or parents may
15not exceed the amount specified in s. 799.01 (1) (d) $5,000 for damages resulting from
16any one act of a juvenile in addition to taxable costs and disbursements and
17reasonable attorney fees, as determined by the court
under s. 814.04. If 2 or more
18juveniles in the custody of the same parent or parents commit the same act the total
19recovery under this section may not exceed the amount specified in s. 799.01 (1) (d)
20$5,000, in addition to taxable costs and disbursements under s. 814.04. The
21maximum recovery from any parent or parents for retail theft by their minor child
22is established under s. 943.51.
SB446, s. 28 23Section 28. 895.08 of the statutes is created to read:
SB446,13,3 24895.08 Suit by collection agency. In addition to the requirements of ss.
25801.09 (1), 801.095, 802.04 (1), and 815.05 (intro.), in an action brought by a

1collection agency under s. 218.04 (9j), the collection agency shall include in the
2caption, under its name, the names of the creditors on whose behalf the action is
3brought.
SB446, s. 29 4Section 29. 895.80 (1) of the statutes is amended to read:
SB446,13,125 895.80 (1) Any person who suffers damage or loss by reason of intentional
6conduct that occurs on or after November 1, 1995, and that is prohibited under s.
7943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 , or 943.61, or
8by reason of intentional conduct that occurs on or after April 28, 1998, and that is
9prohibited under s. 943.201, or by reason of intentional conduct that occurs on or
10after the effective date of this subsection .... [revisor inserts date], and that is
11prohibited under s. 943.011, 943.012, or 943.017,
has a cause of action against the
12person who caused the damage or loss.
SB446, s. 30 13Section 30. 895.80 (2) of the statutes is amended to read:
SB446,13,2014 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person
15who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.011,
16943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
17943.50, or 943.61
by a preponderance of the credible evidence. A conviction under
18s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34,
19943.395, 943.41, 943.50, or 943.61 is not required to bring an action, obtain a
20judgment, or collect on that judgment under this section.
SB446, s. 31 21Section 31. 895.80 (3) (a) of the statutes is repealed and recreated to read:
SB446,13,2522 895.80 (3) (a) Actual damages, including the retail or replacement value of
23damaged, used, or lost property, whichever is greater, for a violation of s. 943.01,
24943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395,
25943.41, 943.50, or 943.61.
SB446, s. 32
1Section 32. 895.80 (3) (b) of the statutes is amended to read:
SB446,14,42 895.80 (3) (b) All costs of investigation and litigation that were reasonably
3incurred, including the value of the time spent by any employee or agent of the
4victim
.
SB446, s. 33 5Section 33. 895.80 (3) (c) of the statutes is created to read:
SB446,14,86 895.80 (3) (c) Exemplary damages of not more than 3 times the amount
7awarded under par. (a). No additional proof is required under this section for an
8award of exemplary damages under this paragraph.
SB446, s. 34 9Section 34. 895.80 (4) of the statutes is repealed and recreated to read:
SB446,14,1110 895.80 (4) Any recovery under this section shall be reduced by the amount
11recovered as restitution under ss. 800.093 and 973.20 and ch. 938.
SB446, s. 35 12Section 35. 895.80 (6) of the statutes is created to read:
SB446,14,1413 895.80 (6) A person is not criminally liable under s. 943.30 for any action
14brought in good faith under this section.
SB446, s. 36 15Section 36. 938.245 (2) (a) 5. am. of the statutes is amended to read:
SB446,15,316 938.245 (2) (a) 5. am. That the parent who has custody, as defined in s. 895.035
17(1), of the juvenile make reasonable restitution for any damage to the property of
18another, or for any actual physical injury to another excluding pain and suffering,
19resulting from the act for which the deferred prosecution agreement is being entered
20into. Except for recovery for retail theft under s. 943.51, the maximum amount of any
21restitution ordered under this subd. 5. am. for damage or injury resulting from any
22one act of a juvenile or from the same act committed by 2 or more juveniles in the
23custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d)
24$5,000. Any order under this subd. 5. am. shall include a finding that the parent who
25has custody of the juvenile is financially able to pay the amount ordered and may

1allow up to the date of the expiration of the deferred prosecution agreement for the
2payment. Any recovery under this subd. 5. am. shall be reduced by the amount
3recovered as restitution for the same act under subd. 5. a.
SB446, s. 37 4Section 37. 938.32 (1t) (a) 1m. of the statutes is amended to read:
SB446,15,215 938.32 (1t) (a) 1m. If the petition alleges that the juvenile has committed a
6delinquent act that has resulted in damage to the property of another, or in actual
7physical injury to another excluding pain and suffering, the judge or juvenile court
8commissioner may require a parent who has custody, as defined in s. 895.035 (1), of
9the juvenile, as a condition of the consent decree, to make reasonable restitution for
10the damage or injury. Except for recovery for retail theft under s. 943.51, the
11maximum amount of any restitution ordered under this subdivision for damage or
12injury resulting from any one act of a juvenile or from the same act committed by 2
13or more juveniles in the custody of the same parent may not exceed the amount
14specified in s. 799.01 (1) (d)
$5,000. Any consent decree that includes a condition of
15restitution by a parent who has custody of the juvenile shall include a finding that
16the parent who has custody of the juvenile is financially able to pay the amount
17ordered and may allow up to the date of the expiration of the consent decree for the
18payment. Objection by the parent to the amount of damages claimed shall entitle the
19parent to a hearing on the question of damages before the amount of restitution is
20made part of the consent decree. Any recovery under this subdivision shall be
21reduced by the amount recovered as restitution for the same act under subd. 1.
SB446, s. 38 22Section 38. 938.45 (1r) (a) of the statutes is amended to read:
SB446,16,1123 938.45 (1r) (a) In a proceeding in which a juvenile has been found to have
24committed a delinquent act or a civil law or ordinance violation that has resulted in
25damage to the property of another, or in actual physical injury to another excluding

1pain and suffering, the court may order a parent who has custody, as defined in s.
2895.035 (1), of the juvenile to make reasonable restitution for the damage or injury.
3Except for recovery for retail theft under s. 943.51, the maximum amount of any
4restitution ordered under this paragraph for damage or injury resulting from any
5one act of a juvenile or from the same act committed by 2 or more juveniles in the
6custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d)
7$5,000. Any order under this paragraph shall include a finding that the parent who
8has custody of the juvenile is financially able to pay the amount ordered and may
9allow up to the date of expiration of the order for the payment. Any recovery under
10this paragraph shall be reduced by the amount recovered as restitution for the same
11act under s. 938.34 (5) or 938.343 (4).
SB446, s. 39 12Section 39. 938.45 (1r) (b) of the statutes is amended to read:
SB446,16,2213 938.45 (1r) (b) In a proceeding in which the court has determined under s.
14938.34 (8) or 938.343 (2) that the imposition of a forfeiture would be in the best
15interest of the juvenile and in aid of rehabilitation, the court may order a parent who
16has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The
17amount of any forfeiture ordered under this paragraph may not exceed the amount
18specified in s. 799.01 (1) (d)
$5,000. Any order under this paragraph shall include
19a finding that the parent who has custody of the juvenile is financially able to pay
20the amount ordered and shall allow up to 12 months after the date of the order for
21the payment. Any recovery under this paragraph shall be reduced by the amount
22recovered as a forfeiture for the same act under s. 938.34 (8) or 938.343 (2).
SB446, s. 40 23Section 40. 943.212 (7) of the statutes is amended to read:
SB446,17,3
1943.212 (7) Nothing in this section precludes a plaintiff from bringing the
2action under ch. 799 if the amount claimed is within the jurisdictional limits of s.
3799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).
SB446, s. 41 4Section 41. 943.24 (3) (b) of the statutes is amended to read:
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