COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : FORM SUMMARY Name of Form: Index No. : Calendar No. Order to Garnishee/Release of Garnishee : JUDICIAL SUBPOENA Plaintiff(s) -againstGF-105 Form Number: : : §§812.13 and 812.14 Wisconsin Statutes Statutory Reference: : Benchbook Reference: Defendant(s) : . . . . . . . of Form: . . . . . . . . . . To. close. a . . . . . . . . . . . .action. and order the proper disposition of ........ . . . . . . . garnishment . . . . . . . Purpose any amounts held or paid to the clerk. Who Completes It: Blank copies can THE PEOPLE OF THE STATE OF NEW YORKbe available for the party to complete; the CCAP system will also generate the form. TO Distribution of Form: Original to court file, copies to parties. Accompanying Forms: Generally none. GREETINGS: New Form/Modification: YOU, that all businessupdate 5/00. being laid aside, you and each of you attend before WE COMMAND Modification; last and excuses the Honorable at the Modifications: County of Court In the firstat located paragraph with a check box, changed the last word in the first sentence from ,‘garnishee’ to ‘debtor’. in the day of 20 , at o'clock noon, and at any recessed in room , on the or adjourned date, to testify and give evidence as a witness in this action on the part of the Added a checkbox to indicate that the garnishment shall continue. This should be used in situations where the judgment debtor answers a garnishment indicating s/he is exempt from garnishment, and the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Court determines that the debtor is not exempt. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Added ‘Other’ checkbox to be used in situations not covered by existing text. Witness, Honorable , one of the Justices of the Court in Comments: County, day of , 20 The earnings garnishment forms used “creditor”, “debtor”, and “garnishee” as party types, while the previous forms contained the traditional language of “plaintiff”, “defendant”, and “garnishee (Attorney must sign above defendant”. Section 801.01 defines the plaintiff as and type name below) the judgement creditor and the defendant as the judgement debtor (or spouse). RMC believes that §§812.04(2) and 812.44(1)(a) allow all Attorney(s) for garnishment forms to be modified to reflect the new common usage as long as the rights of the parties are not altered. The “Amount Due” the creditor will change based on interest, prior payments, new costs, etc. The Office and P.O. Address on the duty to maintain records amount due is with the creditor, not the Clerk of Court. On the CCAP form, the amounts will have to be filled in manually because Date: 12/09/02 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 1 American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. the system will not generate those figures. : Calendar No. About this form: This form is the product of the Wisconsin Records Management : JUDICIAL SUBPOENA Committee, a Plaintiff(s) of the Director of State Court's Office and a committee -against: mandate of the Wisconsin Judicial Conference. : If you have additional information that does not change the meaning of the form, attach it on a separate page. The form : itself shall not be altered. Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Date: 12/09/02 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. COUNTY : Calendar No. : JUDICIAL SUBPOENA STATE OF WISCONSIN, CIRCUIT COURT, Order to Garnishee / Release of Garnishee Case Plaintiff(s) No. Creditor (Name and Address) -against- For Official Use : Debtor (Name and Address) : : Garnishee (Name and Address) > Creditor’s Attorney (Name and Address) Defendant(s) : > ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO Amount Being Held by Garnishee/Clerk Amount Due Creditor GREETINGS: The garnishee is ordered to pay creditor's all business and creditor if no attorney) theyou and each of being held or WE COMMAND YOU, that attorney (or the excuses being laid aside, amount shown you attend before the the Honorable amount due creditor, whichever is less, and to pay at the the balance, if any,Court debtor. Upon such payment, to the , the garnishee is released from further liability in this action. located at County of in room , onto pay to the clerk the amount 20 the day of , shown, being heldo'clock amount duenoon, andwhichever at in the at any recessed The garnishee is ordered or the creditor, or adjourned the balance, if any, give evidence as such payment garnishee is released from further liability in date, to testify and to debtor. Upon a witness in this action on the part of the is less, and pay this action. The clerk shall disburse funds to the creditor's attorney (or creditor if no attorney) upon receipt. The clerk is ordered to pay the creditor's attorney (or the creditor if no attorney) the amount being held or amount due creditor, Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to whichever is smaller, and the balance, if any, to the garnishee. The garnishee is released from the liability in this action. further party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. The garnishee has answered that no debt is owed the debtor and the creditor has not replied within twenty days. The garnishee is released. Witness, Honorable , one of the Justices of the Court in County, day of , 20 The creditor failed to either: • reply within twenty days to garnishee's answer or • move for an order to pay. (Attorney must is released type further liability in The garnishee/clerk shall pay the amount held to the debtor, and the garnishee sign above andfromname below) this action. The Court orders garnishment to continue. Other: Attorney(s) for BY THE COURT: Office and Signature of Court Official P.O. Address Name Printed or Typed GF-105, 12/02 Order to Garnishee / Release of Garnishee Telephone No.: Facsimile No.: Date E-Mail Address: §§812.13 and 812.14, Wisconsin Statutes Mobile Tel. No.: This form shall not be modified. It may be supplemented with additional material. American LegalNet, Inc. www.USCourtForms.com