Wisconsin Creditor's Objection to Answer(s) and Demand for Hearing Non-Earnings Garnishment (Small Claims) is a legal form used in Wisconsin to object to an answer that a debtor has provided in a small claims court action. The form is used to request a hearing before a judge to resolve the dispute between the creditor and debtor. The form is available from Wisconsin circuit court clerks. The Wisconsin Creditor's Objection to Answer(s) and Demand for Hearing Non-Earnings Garnishment (Small Claims) form includes the following information: the name of the court in which the dispute is being heard, the name of the creditor and debtor, the amount of the debt, and the reasons for the creditor's objection to the answer provided by the debtor. The form also includes a demand for a hearing before a judge. The different types of Wisconsin Creditor's Objection to Answer(s) and Demand for Hearing Non-Earnings Garnishment (Small Claims) are: Objection to Answer Filed by Creditor; Objection to Answer Filed by Debtor; and Motion to Dismiss.
Wisconsin Creditor's Objection to Answer(s) and Demand for Hearing Non-Earnings Garnishment (Small Claims)
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FAQ
Wisconsin imposes stricter limits than federal law, limiting a garnishment to 20% in most cases. The creditor will continue to garnish your wages until the debt is paid off, or you take some measure to stop the garnishment, such as claiming an exemption with the court.
Small claims court is limited to claims of $10,000 or less. However, third-party complaints, personal injury claims, and actions based in tort are limited to claims of $5,000 or less.
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.
To vacate a default judgment under sub. (1) (a), the moving party must set forth a meritorious defense, which is a defense good at law that would survive a motion for judgment on the pleadings.
If you failed to appear for your scheduled small claims court date: if you are the defendant a judgment may be entered against you; if you are the plaintiff, your case may have been dismissed. Generally, you may file a motion to reopen the case within 12 months of the judgment.
If a judge has made the final decision in your small claims case and you are dissatisfied with that decision, you may appeal that decision only to the Wisconsin Court of Appeals. There are no special small claims rules or forms for appeals and filing an appeal can be a complex process.
Wisconsin State Law allows a defendant six (6) months from the judgement date to file a request to reopen a citation. To initiate a request to reopen the citation, the defendant must submit a request in writing.