Read the full stored bill text
Wisconsin Legislature: SB300: Text as Enrolled
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Vetoed in Full
»
SB300: Text as Enrolled
Up
Up
Date of enactment:
2025 Senate Bill 300
Date of publication*:
2025 WISCONSIN ACT
An Act
to repeal
812.40, 812.405 and 812.42 (2) (b);
to renumber and amend
812.39 (2);
to amend
812.33 (1), 812.35 (5), 812.35 (6), 812.38 (2), 812.39 (1), 812.44 (3) and 812.44 (4);
to create
812.35 (7), 812.39 (2) (b), 812.39 (2m) and 812.395 of the statutes;
relating to:
eliminating the 13-week limit on the garnishment of earnings of certain debtors.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB300,1
Section
1
.
812.33 (1) of the statutes is amended to read:
812.33
(1)
The creditor shall pay a $15 fee to the garnishee for each earnings garnishment
or each stipulated extension of that earnings garnishment
, except that there is no fee for a garnishment to satisfy an order for restitution under s. 973.20 (1r)
. This fee shall be included as a cost in the creditor’s claim in the earnings garnishment.
SB300,2
Section
2
.
812.35 (5) of the statutes is amended to read:
812.35
(5)
Upon being served, the garnishee shall determine whether the garnishee may become obligated to the debtor for earnings earned within pay periods beginning
within 13 weeks
after the date of service. If it is unlikely that the garnishee will become so obligated, the garnishee shall send a statement of that fact to the creditor by the end of the 7th business day after receiving the earnings garnishment form under sub. (3). The creditor shall send a copy of this statement to the court within 7 business days after receipt of the statement.
SB300,3
Section
3
.
812.35 (6) of the statutes is amended to read:
812.35
(6)
If the garnishee may become obligated to the debtor for earnings earned within pay periods beginning
within 13 weeks
after the date of service, but one or more earnings garnishments against the debtor have already been served on the garnishee and not terminated, the garnishee shall retain the earnings garnishment form and place the garnishment into effect the pay period after the last of any prior earnings garnishments terminates. The garnishee shall notify the debtor of the amount of the garnishment and shall notify the creditor of the amount owed on the pending garnishments by the end of the 7th business day after receipt of the garnishment form under sub. (3). If, before the earnings garnishment takes effect, the garnishee determines that it is unlikely that the garnishee will continue to be obligated to the debtor for earnings, the garnishee shall notify the creditor and court under sub. (5) within 7 business days after making that determination.
SB300,4
Section
4
.
812.35 (7) of the statutes is created to read:
812.35
(7)
Upon being served, the garnishee shall determine whether the debtor's address as shown in the earnings garnishment form received under sub. (3) is consistent with the debtor’s address in the garnishee’s records, and, if it is not consistent, the garnishee shall notify the creditor in writing by the end of the 7th business day after receiving the earnings garnishment form of the current address of the debtor in the garnishee's records. If the creditor is notified of a different address of the debtor under this subsection, the creditor shall serve on the debtor at that address, by one of the means listed under sub. (3) (a) 1. to 3., copies of the information required to be served under subs. (3) (a) and (4) (b).
SB300,5
Section
5
.
812.38 (2) of the statutes is amended to read:
812.38
(2)
A motion or petition under sub. (1) may be made at any time during the pendency of the earnings garnishment. Within 5 business days after a motion or petition is filed under sub. (1), the court shall schedule the matter for a hearing to be held as promptly as practicable. The court shall notify the parties of the time and place of the hearing. Upon conclusion of the hearing, the court shall make findings of fact and conclusions of law. The court shall make such order as required by these findings and conclusions.
If the order permits the garnishment to proceed, the date on which the order is served upon the garnishee shall substitute for the original date of service of the garnishment upon the garnishee under s. 812.35 (3) for the purpose of determining any 13-week period under s. 812.35 (5) or (6).
A court order shall bind the garnishee from the time the order is served upon
him or her
the garnishee
.
SB300,6
Section
6
.
812.39 (1) of the statutes is amended to read:
812.39
(1)
Between 5 and 10 business days after the payday of each pay period in which the debtor’s earnings are subject to the earnings garnishment, the garnishee shall
, subject to the exemption under s. 812.34 (2) and except as provided in subs. (2) and (2m),
pay the creditor that portion of the debtor’s nonexempt disposable earnings to which the creditor is entitled.
SB300,7
Section
7
.
812.39 (2) of the statutes is renumbered 812.39 (2) (a) and amended to read:
812.39
(2)
(a) Court-ordered assignments of the debtor’s earnings for support or maintenance under ch. 767, regardless of the date the garnishee first receives notice of the assignment, take priority over an earnings garnishment under this subchapter
. If
and take priority over a garnishment to satisfy an order for restitution under s. 973.20 (1r). Except as provided in par. (b), if
the debtor’s earnings are subject to assignment under s. 767.75, the creditor
, including a creditor entitled to an earnings garnishment to satisfy an order for restitution under s. 973.20 (1r),
shall not be entitled to an amount greater than 25 percent of the debtor’s disposable earnings less the amount assigned under s. 767.75.
If the garnishee determines that the amount to be garnisheed pursuant to an order under s. 767.75 is equal to or greater than 25 percent of the debtor’s disposable earnings, the garnishee shall notify the creditor and the court under s. 812.35 (5) within 7 business days after making that determination.
SB300,8
Section
8
.
812.39 (2) (b) of the statutes is created to read:
812.39
(2)
(b) If an earnings garnishment is in effect for a debtor whose earnings are subject to assignment under s. 767.75, the garnishee shall, if the amount assigned under s. 767.75 is less than 25 percent of the debtor’s disposable earnings, do all of the following:
1. Determine the difference between 25 percent of the debtor’s disposable income and the sum of the following:
a. The amount assigned under s. 767.75.
b. The amount, if any, to be garnisheed to satisfy an order for restitution under s. 973.20 (1r).
2. If the difference determined under subd. 1. is less than 25 percent of the debtor’s disposable income, pay the difference under subd. 1. to the creditor.
3. If the difference determined under subd. 1. is 25 percent or more of the debtor’s disposable income, notify the creditor and the court under s. 812.35 (5) within 7 business days after making that determination.
SB300,9
Section
9
.
812.39 (2m) of the statutes is created to read:
812.39
(2m)
(a) Court-ordered garnishment of the debtor’s earnings to satisfy an order for restitution under s. 973.20 (1r), regardless of the date the garnishee first receives notice of the court-ordered garnishment, takes priority over an earnings garnishment under this subchapter. Subject to sub. (2), and except as provided in pars. (b) and (c), if the debtor’s earnings are subject to garnishment under s. 973.20 (1r), the creditor shall not be entitled to an amount greater than 20 percent of the debtor’s disposable earnings less the amount to be garnisheed pursuant to court order under s. 973.20 (1r).
(b) If an earnings garnishment is in effect for a debtor who owes restitution under s. 973.20 (1r), the garnishee shall, subject to sub. (2) and except as provided in par. (c), do all of the following:
1. Determine the difference between 20 percent of the debtor’s disposable income and the amount to be garnisheed to satisfy an order for restitution under s. 973.20 (1r).
2. Pay the creditor the amount determined under subd. 1.
(c) If the garnishee determines that the amount to be garnisheed pursuant to court order under s. 973.20 (1r) is equal to or greater than 20 percent of the debtor’s disposable earnings, the garnishee shall notify the creditor and the court under s. 812.35 (5) within 7 business days after making that determination.
SB300,10
Section
10
.
812.395 of the statutes is created to read:
812.395
Garnishment of earnings remains in effect; notices to debtor.
(1)
A garnishment of earnings payable to a debtor, including a debtor who owes victim restitution ordered under s. 973.20 (1r), remains valid and effective until the judgment is satisfied, unless sooner terminated by order of the court.
(3)
No later than the payday of the first pay period in which the debtor’s earnings are subject to an earnings garnishment, and every 13 weeks thereafter until the judgment is satisfied, the garnishment is terminated by order of the court, or 5 years has elapsed since the garnishment takes effect, whichever occurs first, the creditor shall send to the debtor by first class mail to the debtor’s last known address all of the following:
(a) An exemption notice that is substantially in the form of the notice under s. 812.44 (4) but that omits the information regarding the total amount of the creditor’s claim.
(b) An answer form under s. 812.44 (5).
(c) The schedules and worksheets adopted under s. 812.34 (3).
(4)
If an earnings garnishment takes effect the pay period after the debtor is served under s. 812.35 (4) (b), that service is considered the first notice mailed to the debtor under sub. (3).
SB300,11
Section
11
.
812.40 of the statutes is repealed.
SB300,12
Section
12
.
812.405 of the statutes is repealed.
SB300,13
Section
13
.
812.42 (2) (b) of the statutes is repealed.
SB300,14
Section
14
.
812.44 (3) of the statutes is amended to read:
812.44
(3)
The earnings garnishment form issued by the clerk under s. 812.35 (2) shall be in substantially the following form:
STATE OF WISCONSIN
CIRCUIT COURT: .... County
A.B., Creditor
vs. File or Reference Number ....
C.D., Debtor EARNINGS
and GARNISHMENT
E.F., Garnishee
THE STATE OF WISCONSIN, To the garnishee:
The creditor has been awarded a court judgment that has not been paid. As a result, the creditor claims that a total of $.... is owed by the debtor, as follows:
A. Unpaid balance on judgment $....
B. Unpaid postjudgment interest $....
C. Costs of this earnings garnishment
(estimated) $....
TOTAL $....
Down
Down
/2025/related/vetoedinfull/sb300
true
vetoedenrolledbills
/2025/related/vetoedinfull/sb300
vetoedenrolledbills/2025/REG/SB300
vetoedenrolledbills/2025/REG/SB300
section
true
Menu
»
2025
»
Related Documents
»
Vetoed in Full
»
SB300: Text as Enrolled
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting