FORM SUMMARY Name of Form: Small Claims - Garnishment Summons and Complaint for NonEarnings Form Number: SC-503 Statutory Reference: Chapter 799 and §§812.04, 812.05, Wisconsin Statutes Benchbook Reference: CV 42-7 Purpose of Forms: Initiate a garnishment action under Chapter 799 for property other than earnings. Who Completes It: Creditor Distribution of Form: Original to Clerk, copies to parties. Accompanying Forms: Generally none unless creditor adds additional documentation for claim. New Form/Modification: Modification; last update 08/05. Modifications: Corrected “creditor” and “debtor” language. Comments: This form is used exclusively for the garnishment of property other than earnings. Separate forms exist for the garnishment of earnings. The earnings garnishment forms use "creditor", "debtor", and "garnishee" as party types, while the previous non-earnings garnishment forms contained the traditional language of "plaintiff", "defendant", and "garnishee defendant". Section 801.01 defines the plaintiff as the judgment creditor and the defendant as the judgment debtor (or spouse). RMC believes that §§812.04(2) and 812.44(1)(a) allow the non-earnings garnishment forms to be modified to reflect the new common usage as long as the rights of the parties are not altered. About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a 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. Date: 10/11/2007 Page 1 American LegalNet, Inc. www.FormsWorkflow.com COUNTY Amended STATE OF WISCONSIN, CIRCUIT COURT, (Name and Address) Creditor(s): For Official Use Small Claims Garnishment Summons and Complaint for Non-Earnings (Garnishment - 31005) -vsDebtor(s): Case No. and Garnishee: TO THE GARNISHEE: You are summoned as garnishee of the debtor(s). You are required to answer as described in Chapter 799, Wis. Stats. whether you are indebted to or have in your possession or under your control any property of the debtor(s). You must appear at the time and place stated and/or you may file a written answer on or before that time. You must file the original of your answer with the Clerk of Circuit Court and serve a copy on the creditor's attorney or creditor. When to Appear Date Time Place to Appear If you fail to answer, judgment will be entered against you for the amount of the creditor's judgment against the debtor(s) plus the costs of this action. If you are indebted to the debtor for payment of the sale of agricultural products grown or produced by a person or his or her minor children, you are ordered to pay to the debtor the prescribed amount. You are ordered to retain from the balance the amount of the creditor’s claim and disbursements, as stated in the annexed complaint pending the further order of the court. Any excess indebtedness shall not be subject to the garnishment. If you have property belonging to the debtor and the amount of indebtedness retained is less than the amount claimed and disbursements, you are to retain the property pending the further order of the court. The amount retained by you for the creditor’s disbursements may not exceed $40. Signature of the Clerk of Circuit Court/Attorney Date Issued Date Mailed CREDITOR'S CLAIM THE CREDITOR STATES that a judgment, as described below, was entered in circuit court: Name of Debtor(s) County (State of Wisconsin) Case Number Date of Entry of Judgment Amount of Judgment $ and that this summary provides the total amount due over and above all offsets. Creditor's Claim Costs Interest Total Due on Creditor's Claim $ $ $ $ The creditor believes that the garnishee is indebted to or has control or possession over property of the debtor which is not exempt from execution. Signature of Creditor/Attorney Date Address Attorney's Telephone Number Attorney's State Bar Number SC-503, 10/07 Small Claims Garnishment Summons and Complaint for Non-Earnings Chapter 799, §812.04 and 812.05, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. American LegalNet, Inc. www.FormsWorkflow.com