812.30 Definitions. In this subchapter:
(1) “Business day" has the meaning given in s. 421.301 (6).
(2) “Court" includes a circuit court commissioner assigned to preside at a proceeding under this subchapter.
(3) “Creditor" means a person who has a claim against a debtor.
(4) “Debtor" means the person whose earnings are subject to the garnishment and who is either the judgment debtor or the judgment debtor's spouse whose earnings are marital property.
(5) “Dependent" means the debtor's spouse if living in the debtor's household and any other individual whom the debtor is legally required to support and to whom the debtor provides substantial support or maintenance.
(6) “Disposable earnings" means that part of the earnings of the debtor remaining after deducting social security taxes and federal and state income taxes listed on the person's wage statement.
(7) “Earnings" means compensation paid or payable by the garnishee for personal services, whether designated as wages, salary, commission, bonus or otherwise, and includes periodic payments under a pension or retirement program.
(8) “Household income" means the disposable earnings of the debtor and dependents during any month in which the garnishment is in effect, plus unearned income received by the debtor and dependents in that month, less any of the debtor's earnings assigned by court order under ch. 767.
(9) “Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 1501 to 1562.
(10) “Poverty line" means the income guideline established under 42 USC 9902 (2).
History: 1993 a. 80; 1995 a. 27, 201; 2001 a. 61; 2005 a. 22; 2009 a. 113; 2017 a. 366.
NOTE: 1993 Wis. Act 80 contains judicial council notes.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
812.01 - Commencement of garnishment.
812.02 - Garnishment before and after judgment.
812.04 - Garnishment actions; how commenced; summons.
812.05 - Garnishee complaint before and after judgment; several garnishees.
812.06 - Garnishee fees, costs.
812.07 - Service on garnishee and defendant.
812.13 - Payments by garnishee; releases.
812.14 - Answer conclusive if no reply by plaintiff; procedure following reply.
812.15 - Defendant or garnishee may defend both actions.
812.16 - Principal action tried first; judgment.
812.18 - Liability of garnishee.
812.19 - Nonliability as garnishee; judgment when rendered.
812.20 - Action by defendant against garnishee stayed.
812.21 - Release of garnishment; bond.
812.32 - Earnings garnishment generally.
812.35 - Commencement of action.
812.40 - Stipulated extension.
812.405 - Garnishment of earnings to satisfy an order for restitution.
812.42 - Garnishment of earnings of public officers and employees.
812.43 - Retaliation by garnishee for earnings garnishment forbidden.