812.35 Commencement of action.

416 words·~2 min read·/wi/chapter-812/812-35-5

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

(1)To commence an earnings garnishment proceeding, the judgment creditor shall file with the clerk of courts a garnishment notice under s. 812.44

(2).

(1a)No earnings garnishment action may be brought to recover the amount owed by a debtor for the payment of a payday loan, as defined in s. 138.14

(k).

(2)Upon receipt of the notice under sub.

(1)and payment of the fee under s. 814.62

(1), the clerk of courts shall issue 2 earnings garnishment forms under s. 812.44

(3)for each garnishee. Blank earnings garnishment forms may be issued, but they shall carry the court seal. A circuit court may permit, by rule, the clerk to issue earnings garnishment forms after payment of the fee but before the filing of the notice under sub.

(1). That circuit court rule shall require the notice to be filed with the court at a later time, but no later than 5 business days after the date the garnishee is served under sub.

(3).

(a)Within 60 days after filing the notice under sub.

(1)and as specified under sub.

(c), the creditor shall serve one of the 2 earnings garnishment forms upon the debtor by one of the following means:

1. First class mail.

2. Certified mail, return receipt requested.

3. Any means permissible for the service of a summons in a civil action, other than publication.

(b)Within 60 days after filing the notice under sub.

(1), the creditor shall serve one of the 2 earnings garnishment forms upon the garnishee by one of the means listed under par.

(a)1. to 3. , or by other means if the garnishee signs an admission of service.

(a)The creditor shall tender the garnishee fee under s. 812.33

(1)to the garnishee at the time that the earnings garnishment form is served.

(b)The creditor shall serve all of the following on the debtor at the time that the earnings garnishment form is served:

1. An exemption notice under s. 812.44

(4).

2. An answer form under s. 812.44

(5).

3. The schedules and worksheets adopted under s. 812.34

(3).

(c)Service on the debtor shall be made within 7 business days after the date of service on the garnishee and at least 3 business days before the payday of the first pay period affected by the garnishment. Service by mail is complete upon mailing.