State Codes and Statutes

Statutes > Wisconsin > 812 > 812.42

812.42

812.42 Garnishment of earnings of public officers and employees.

812.42(1)

(1)

812.42(1)(a)

(a) This section does not apply or extend to money due to an officer or employee for reimbursement for expenditures made by him or her in the discharge of his or her duties.

812.42(1)(b)

(b) Actions under this section are subject to rules promulgated under s. 16.53 (1) (d) 4.

812.42(2)

(2)

812.42(2)(a)

(a) Except as provided in this section, the procedures in earnings garnishment actions brought against the state or a political subdivision of the state shall be as provided in this subchapter. The creditor shall serve the earnings garnishment forms under s. 812.35 upon the department of administration if the state is the garnishee; upon the city treasurer if a 1st class city is the garnishee; and upon the secretary or clerk if any other political subdivision is the garnishee.

812.42(2)(b)

(b) Notwithstanding ss. 812.35 and 812.40, a garnishment of earnings payable to a debtor by the state or a political subdivision of the state shall remain valid and effective until the judgment is satisfied, unless sooner terminated by order of the court.

812.42(2)(c)

(c) In addition to the $15 garnishee fee, the garnishee shall receive a $3 fee for each payment delivered to the creditor under s. 812.39 after the first payment. That additional fee shall be deducted from the moneys delivered to the creditor. Those fees become part of the funds of the state if the department of administration is the garnishee, or funds of the appropriate governmental subdivision if any other governmental entity is the garnishee. The judgment creditor shall pay the initial garnishee fee to the secretary of administration or other governmental subdivision, as applicable.

812.42 - ANNOT.

History: 1993 a. 80; 2003 a. 33.

812.42 - ANNOT.

NOTE: 1993 Wis. Act 80, which created ss. 812.30 to 812.44, contains extensive judicial council notes.