The Wisconsin SC-301 Small Claims Non-Earnings Garnishment Summons and Complaint is a document filed by a creditor in the state of Wisconsin in order to recover a debt owed by a debtor. The document includes a Summons and Complaint that must be served on the debtor, informing them of the debt they owe and giving them the opportunity to dispute the debt. If the debt is not disputed, then the creditor may pursue a garnishment of the debtor's non-earned income such as benefits from the Social Security Administration, unemployment insurance, veterans benefits, and child support payments. There are two types of Wisconsin SC-301 Small Claims Non-Earnings Garnishment Summons and Complaint documents: an original summons and complaint and an amended summons and complaint.
Wisconsin SC-301 Small Claims Non-Earnings Garnishment Summons and Complaint
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How to fill out Wisconsin SC-301 Small Claims Non-Earnings Garnishment Summons And Complaint?
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FAQ
Service must be obtained not less than 8 business days before the return date, but no longer than 90 calendar days from the date the action was filed. Defendants who live outside of Wisconsin can also be served with the Small Claims papers in their home state.
A: The Small Claims filing fee is $94.50 plus service fees.
Electronically filed cases are subject to a fee of $20 per case per party. See page 4. CSS = court support services surcharge, 814.85: $51 for claims $10,000 or less, $169 for claims over $10,000, $68 for claims other than money judgments.
What is a non-earnings garnishment? A non-earnings garnishment is when the court orders a person or entity (garnishee), who is not an employer of the debtor but who owes money to the debtor, to pay a judgment creditor for an amount owed by the debtor to the creditor.
You may not need an attorney, and the rules are simpler than in most court proceedings. Any individual and any corporation doing business in Wisconsin can sue or be sued in small claims court. Small claims court may only be used for certain types of cases.
You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep. (If you're unable to pay your bills, learn which debts get wiped out in Chapter 7 bankruptcy.)
