Waukesha County

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Earnings Garnishment

You may file an earnings garnishment only after a Court Official has awarded you a money judgment. It is a way to collect the money that was awarded to you by having it taken from the person’s earnings, most commonly a paycheck. Earnings that can be garnished include compensation for personal services, including wages, salary, commission, bonuses, and periodic payments from a pension or retirement program.

Small claims earnings garnishments to recover judgments totaling $10,000 or less are typically filed in the county where the original judgment was entered. You may also file your garnishment in any county in which you have filed a transcript of the original judgment.

There are three parties to a garnishment lawsuit.

  1. Creditor: You, person who wants to receive the court-ordered payment.
  2. Debtor: Person who has been ordered to pay the money, or his/her spouse, if the earnings are marital property.
  3. Garnishee: Person or entity who will be making a payment or owes money to the debtor, typically an employer.

You may not have more than one garnishment running on a debtor per employer/garnishee. The garnishee may also only honor one garnishment at a time per debtor, although there may be other levies (deductions for support or unpaid state or federal taxes). If a garnishee receives more than one garnishment for a debtor, the first garnishment received takes priority. In other words, you may have to wait your turn.

Note: It is strongly recommended that you review the forms in the packet to get an understanding of the directions and options that the debtor and garnishee will have once you serve them with the documents. You may also refer to Chapter 812 of the Wisconsin Statutes for more information.

Below you will find basic instructions for handling your court matter and most of the forms you will need to get from the beginning to the end of the process.

 

Earnings Garnishment Packet
Number Name Downloads
  Basic Guide to Wisconsin Small Claims Actions Word 
  Basic Steps for Handling a Small Claims Earnings Garnishment Word 
  Forms PDF 
Small Claims Service Packet
Number  Name 

Downloads

 SC-6000V Basic Guide to Wisconsin Small Claims Actions  Word 
 SC-6050V Pre-Judgment:  Basic Steps to Small Claims Service  Word 
  Waukesha County Sheriff's Department FAQ's  Visit Link
SC-5100V Affidavit of Service of SC-500 Summons and Complaint Eviction (Small Claims)

PDF 

Word  

SC-5110V  Affidavit of Service of SC-500 Summons and Complaint Corporation or Limited Liability Company - Non-Eviction (Small Claims)

PDF 

Word 

SC-5120V  Affidavit of Service of SC-500 Summons and Complaint Individual/Sole Proprietorship/Partnership - Non-Eviction (Small Claims)

PDF 

Word 

SC-5160V  Publication Summons and Notice (Small Claims)

PDF 

Word 

SC-5130V  Affidavit of Mailing (Small Claims)

PDF 

Word