799.26 Money damages; disclosure of assets requested.

331 words·~2 min read·/wi/chapter-799/799-26-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)When a judgment for money damages is entered under this chapter, the court or circuit court commissioner shall order the judgment debtor to execute under penalty of contempt a disclosure statement and to mail or deliver that statement to the judgment creditor or to the clerk of circuit court in the county where the judgment is entered within 15 days of entry of judgment unless the judgment is sooner satisfied. The statement shall disclose, as of the date of judgment, the debtor’s name, residence address, employers and their addresses, any real property interests owned by the debtor, cash on hand, financial institutions in which the judgment debtor has funds on deposit, whether the debtor’s earnings are totally exempt from garnishment under s. 812.34

(b), and such other information as required by the schedules adopted under sub.

(3).

(1m)If the judgment debtor complies with sub.

(1)by mailing or delivering the disclosure statement to the clerk of circuit court, the judgment debtor shall mail or deliver a copy of that disclosure statement to the judgment creditor.

(2)Failure to comply with an order under sub.

(1)is punishable by a remedial sanction under ch. 785 . Execution of a disclosure statement and delivery of the disclosure statement to the clerk of circuit court or sheriff upon service of a motion for contempt is compliance with the order.

(3)The judicial conference shall adopt standard schedules for the disclosure required by sub.

(1), which shall inform judgment debtors of the requirements of this section, the sanctions for nondisclosure or fraudulent misrepresentation, a general description of garnishment and execution, and information about the types of assets and income which are exempt from the claims of creditors. The judicial conference shall also adopt a standard form pleading invoking the contempt powers of the court under sub.

(2), copies of which may be obtained by judgment creditors without charge from the clerk.