When a creditor wins a court judgment but the debt remains unpaid, they may resort to an earnings garnishment to collect the money owed. This legal process is outlined in the CV-422 form used within the Wisconsin Circuit Court system, addressing both the creditor and the garnishee, usually the debtor's employer. This form not only announces the garnishment action but also itemizes the unpaid balance, post-judgment interest, and estimated costs associated with the garnishment, summing up the total amount due from the debtor. It mandates the garnishee to assess if they will owe the debtor earnings within a forthcoming 13-week period and, if so, to execute a series of procedural steps including notifying the debtor and remitting payments to the creditor. Moreover, the CV-422 form outlines specific instructions for handling multiple garnishments, prioritizing court-ordered support payments, and managing extensions of the garnishment period. It attaches significant importance to the inclusion and service of related documents to the debtor, such as the Exemption Notice and the Debtor's Answer form, ensuring the debtor is well-informed and given a fair chance to respond. The procedure reflects a careful balance between enabling creditors to claim debts legally awarded to them while ensuring debtors' rights and exemptions are respected, underlining the form's role in the complex ecosystem of debt recovery.
| Question | Answer |
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| Form Name | Form Cv 422 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | Fillable Online Wage Garnishment in Wisconsin - Legal ... |
STATE OF WISCONSIN, CIRCUIT COURT, |
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Creditor: |
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Address: |
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Debtor: |
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Earnings Garnishment |
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Address: |
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Case No. |
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and |
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Garnishee: |
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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
$
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 creditor has tendered the statutorily required fees with these papers, you are directed to complete the activities 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:
The creditor must serve the following documents on the debtor at the time of service of this document:
Exemption Notice - Earnings Garnishment
Earnings Garnishment - Debtor's Answer
Garnishment Exemption Worksheet
Poverty Guidelines for Earnings
See page 2 of form for further information.
§§812.35(2) and 812.44(3), Wisconsin Statutes |
This form shall not be modified. It may be supplemented with additional material.
Page 1 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 within the next 13 weeks.
2.If you are not likely to owe the debtor for earnings in pay periods beginning within the next 13 weeks, send a statement stating that fact to the creditor by the end of the 7th business day after receiving the earnings garnishment forms. (Business days do not include Saturdays, Sundays, or legal holidays).
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 any part of the debtor's earnings under this garnishment unless you receive an order of the court directing you to do so.
MULTIPLE EARNINGS GARNISHMENTS
5.If the debtor's earnings are already being garnished when you receive this earnings garnishment, place this earnings garnishment into effect the pay period after the last of any prior earnings garnishments terminates. Notify the debtor of the amount of the garnishment and notify the creditor of the amount owed on the pending garnishments by the end of the 7th business day after you receive these forms. If there are no prior pending earnings garnishments against the debtor's earnings, place this earnings garnishment into effect the pay period 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), Wis. Stats., for victim restitution remain in effect until the judgment is satisfied. The garnishment of earnings of other employees will affect the debtor's earnings for all pay periods beginning within 13 weeks after you receive it, unless the debtor's earnings are already being garnished. If this earnings garnishment is delayed under paragraph 5 above, it 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 before 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 earnings garnishment, pay the creditor 20% of the debtor's disposable earnings or the amount by which disposable earnings exceed thirty times the federal minimum hourly wage, whichever is less, for that pay period. After the first payment, 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 remaining after deducting Social Security, state and federal income taxes.
EFFECT OF
8.If the debtor has assigned his or her earnings for support by court order, those support payments take priority over this earnings garnishment. If 25% or more of the debtors' disposable earnings is assigned for support by the court order, do not pay any part of the debtor's earnings to the creditor. Instead, send the creditor 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 must be paid is reduced so that the total of earnings assigned and garnished does not exceed 25% of the debtor's disposable earnings.
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 unless a different garnishment against this debtor's earnings is served upon you before the extension takes effect. In that case, the extension is void and you must return the extension fee to the party who paid it to you.
§§812.35(2) and 812.44(3), Wisconsin Statutes |
This form shall not be modified. It may be supplemented with additional material.
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