NON-EARNINGS GARNISHMENT IN A SMALL CLAIMS MATTER
Money is taken from the debtor's bank account or other source.
Non-Earnings Garnishment Forms
- Non-Earnings Garnishment Order to Garnishee/Release of Garnishee (GF-105)
- Small Claims Non-Earnings Garnishment Summons and Complaint (SC-301)
- Non-Earnings Garnishment (Garnishee Answer) (SC-302)
- Small Claims Non-Earnings Garnishment Debtor's Answer (SC-303)
- Small Claims Non-Earnings Garnishment Objection and Answer(s) and Demand for Hearing (SC-304)
All Non-Earnings Garnishment Forms are located here on the wicourts.gov website.
Small Claims Garnishment Summons and Complaint for Non-Earnings SC-301
- The creditor in the judgment completes Form SC-301, with the exception of when and where to appear.
Garnishee Answer for Non-Earnings SC-302
- The creditor is to send Form SC-302 to the garnishee (see Answer of the Garnishee).
- The completed garnishment paperwork is filed in the existing small claims case, if there is one. If the judgment was granted in another county and filed as a transcript of judgment in Waukesha County, a new case will be opened.
- The filing fee is payable when the Summons and Complaint for Non-Earnings is filed with the Clerk of Court's Office. See Civil Division Filing Fees.
- The person filing the garnishment paperwork will be assigned a Return Date (first appearance).
- Both the garnishee and the debtor must be served with the garnishment summons and complaint. The debtor must be served no later than 10 days after service on the garnishee. This is the creditor's responsibility.
Answer of the Garnishee Defendant
- The garnishee is provided with an answer form (SC-302) at the time the papers are served.
- The garnishee must complete the answer and file the original with the Clerk of Court's Office and send a copy to the creditor on or before the Return Date.
At the Return Date Calendar
- If the answer is filed, the Court will generate an Order to Garnishee. The Court will enter the amounts stated on the answer from the garnishee. The court will send this Order to the garnishee for the release of monies to the creditor or creditor's attorney (not the Clerk's office.)
- If the answer has been filed with no money being held, the garnishment is dismissed at the Return Date.
- If the answer has not been filed by the Return Date, the Court may grant judgment against the Garnishee, or may give additional time to answer.