Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ. This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Wisconsin Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?
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Limits on Wage Garnishment in Wisconsin. Under Wisconsin law, most creditors can garnish the lesser of (subject to some exceptions?more below): 20% of your disposable earnings, or. the amount by which your disposable earnings exceed 30 times the federal minimum wage.
If you receive a notice of a wage garnishment order, you might be able to protect or exempt some or all of your wages by filing an exemption claim with the court. 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 your judgment has not been completely paid at the end of the 13 weeks and you wish to continue garnishing the debtor's wages, you may file and pay for a new garnishment action. Another option is for you and the debtor to agree in writing to extend the garnishment for another 13-week period.
By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.
Legal options available to stop or reduce wage garnishment include objecting to the garnishment order, filing a claim of exemption, negotiating a repayment plan with your creditor, or filing for bankruptcy. This article will discuss these options.
By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.
Legal options available to stop or reduce wage garnishment include objecting to the garnishment order, filing a claim of exemption, negotiating a repayment plan with your creditor, or filing for bankruptcy. This article will discuss these options.