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  • September 21, 2016

    E-filing Garnishments Require Creditor to Serve Debtor

    The e-filing system will not serve the garnishment on the debtor even if the debtor has opted to e-file. The creditor continues to be responsible for service.

    Sept. 21, 2016 – As a general rule, the e-filing system notifies all the e-filing parties whenever new activity occurs in a case. However, the filing of earnings garnishments, non-earnings garnishments, and executions will be handled differently, according to the Director of State Courts Office, Office of Court Operations.

    For earnings garnishments, the creditor files an earnings garnishment notice (form CV-421), and the clerk issues two earnings garnishments (form CV-422) stamped with the court seal. The statute requires the creditor to serve the debtor and the garnishee as described in Wis. Stat. section 812.35.

    The e-filing system will not serve the garnishment on the debtor even if the debtor has opted to e-file. The earnings garnishment notice will be entered in the public court record. However, the documents will not be sent electronically to the debtor, and the debtor will not see the entry in the debtor’s “my cases” portal. The creditor is responsible for service as provided by statute.

    Non-earnings garnishments are handled in similar fashion, due to the provisions of sections 812.01 - § 812.07. A creditor who files a non-earnings garnishment summons and complaint (form CV-301 or SC-301) will see a message in the e-filing system that “service is the responsibility of the party filing the garnishment.” The non-earnings garnishment will be entered in the public court record, but notice will not be sent to the debtor, and the debtor will not see the entry in the “my cases” portal.

    Executions are not available through the e-filing system at this time. If you request an execution (form GF-115), you will get a message directing you to contact the clerk of circuit court.

    The $20 e-filing fee is applied to each new e-filed case. Both earnings and non-earnings garnishments are new actions and require payment of a new filing fee. See sections 812.01(2)(a) and 812.35(2). For that reason, the $20 e-filing fee is also applied to each garnishment.

    More information about e-filing is available on the Wisconsin circuit court e-filing website.


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