Wisconsin Motion to Discharge or Quash Writ of Garnishment

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US-02674BG
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Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

812.33 Garnishee fees. (1) The creditor shall pay a $15 fee to the garnishee for each earnings garnishment or each stipulated extension of that earnings garnishment. This fee shall be included as a cost in the creditor's claim in the earnings garnishment. (2) In addition to the $15 garnishee fee under sub.

Your earnings are completely exempt from garnishment if: Your household income is below the federal poverty level. ... You receive aid to families with dependent children, relief funded by a relief block grant under ch. ... At least 25% of your disposable earnings are assigned by court order for support.

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.

For example, if you earn $600/week, 25% of your income is $150. Assuming $7.25 federal minimum wage, this is $7.25*30 = $217.5. Since $600 - $217.5 = $382.5, and $150 is less than $382.5, the creditor can only garnish $150.

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.

812.39, the creditor may, upon notice to all of the parties, move the court for judgment against the garnishee in the amount of the unsatisfied judgment plus interest and costs.

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.

CV- 423,424, 426, 427 within 60 days of filing the Earnings Garnishment Notice but not more than 7 days after garnishee served, at least 3 days before next payday. Garnishment is good for 13 weeks unless debtor agrees to continued withholding in writing. Must renew every 13 weeks add cost to debtors owed amount.

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Wisconsin Motion to Discharge or Quash Writ of Garnishment