Small Claims: Garnishment
Garnishment is having money taken out of the other party's paycheck or bank account and having it sent it to you to pay the judgment you have against them. You must know where the other party works or banks before starting a garnishment.
Generally, there are two different types of garnishments, an Earnings Garnishment and a Non-Earnings Garnishment. An Earnings Garnishment is used if the person you are trying to collect money from is receiving a paycheck. A Non-Earnings Garnishment is used if the person you are trying to collect money from does not receive a paycheck because they are not working or are self-employed, but they have a bank account or other money being held in an account.
The first set of forms and step-by-step checklist is for filing an Earnings Garnishment. These forms can be used if the person you are trying to collect money from is receiving a paycheck.
The second set of forms and step-by-step checklist is for filing a Non-Earnings Garnishment. These forms can be used if the person you are trying to collect money from has a bank account or other money being held.
For qualifying low-income individuals, the courts offer a fee waiver. If you would like to request a fee waiver, you will find the form at the bottom of this page.
Remember
The rules for garnishment can be complicated. For more information on garnishment, including who can be garnished and which process is best for your situation, please attend the Marquette Volunteer Legal Clinics.
Generally, there are two different types of garnishments, an Earnings Garnishment and a Non-Earnings Garnishment. An Earnings Garnishment is used if the person you are trying to collect money from is receiving a paycheck. A Non-Earnings Garnishment is used if the person you are trying to collect money from does not receive a paycheck because they are not working or are self-employed, but they have a bank account or other money being held in an account.
The first set of forms and step-by-step checklist is for filing an Earnings Garnishment. These forms can be used if the person you are trying to collect money from is receiving a paycheck.
The second set of forms and step-by-step checklist is for filing a Non-Earnings Garnishment. These forms can be used if the person you are trying to collect money from has a bank account or other money being held.
For qualifying low-income individuals, the courts offer a fee waiver. If you would like to request a fee waiver, you will find the form at the bottom of this page.
Remember
The rules for garnishment can be complicated. For more information on garnishment, including who can be garnished and which process is best for your situation, please attend the Marquette Volunteer Legal Clinics.
I would like help filling out these forms!
Use the online wizard OR come visit the Marquette Volunteer Legal Clinic at the MJC in the courthouse.
Use the online wizard OR come visit the Marquette Volunteer Legal Clinic at the MJC in the courthouse.
Earnings Garnishment Checklist & Forms
Click here for the Earnings Garnishment Checklist.
Forms:
CV-421
Earnings Garnishment Notice
CV-422
Earnings Garnishment
CV-423
Earnings Garnishment - Exemption Notice
CV- 426
Garnishment Exemption Worksheet
CV- 424
Earnings Garnishment - Debtor's Answer
CV-427
Poverty Guidelines for Earnings
CV-425
Earnings Garnishment - Objection to Debtor's Answer and Demand for Hearing
EXAMPLE
Sample Packet for filing an Earnings Garnishment
Forms:
CV-421
Earnings Garnishment Notice
CV-422
Earnings Garnishment
CV-423
Earnings Garnishment - Exemption Notice
CV- 426
Garnishment Exemption Worksheet
CV- 424
Earnings Garnishment - Debtor's Answer
CV-427
Poverty Guidelines for Earnings
CV-425
Earnings Garnishment - Objection to Debtor's Answer and Demand for Hearing
EXAMPLE
Sample Packet for filing an Earnings Garnishment
Non-Earnings Garnishment Checklist & Forms
Click here for the Non-Earnings Garnishment Checklist.
Forms:
SC-301
Small Claims Garnishment Summons and Complaint for Non-Earnings
SC-302
Garnishee Answer Non-Earnings Garnishment
SC-303
Debtor's Answer Non-Earnings Garnishment
SC-304
Creditor's Objection to Answer(s) and Demand for Hearing Non-Earnings Garnishment
Forms:
SC-301
Small Claims Garnishment Summons and Complaint for Non-Earnings
SC-302
Garnishee Answer Non-Earnings Garnishment
SC-303
Debtor's Answer Non-Earnings Garnishment
SC-304
Creditor's Objection to Answer(s) and Demand for Hearing Non-Earnings Garnishment
Not finding what you need? For additional information, visit the Wisconsin State Law Library website.