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Earnings Garnishment Objection To Debtors Answer And Demand For Hearing CV-425 - Wisconsin
|Earnings Garnishment Objection To Debtors Answer And Demand For Hearing Form. This is a Wisconsin form and can be used in Civil Circuit Court Statewide .||
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FORM SUMMARY Name of Form: EARNINGS GARNISHMENT--OBJECTION TO DEBTOR'S ANSWER AND DEMAND FOR HEARING CV-425 §§812.38 and 812.44(6), Wisconsin Statutes This form allows a creditor who objects to the answer provided by the debtor to seek a hearing in court to review the appropriateness of the debtor's claims. This document will re-initiate the court process. All other activity since filing the earnings garnishment notice (CV421) will have taken place without any court involvement. Creditor Original to court, copy to debtor and garnishee Debtor's answer (CV-424) Modification, last update 05/00. Added lines in caption section. When the earnings garnishment statutes were changed in 1993, the requirement that a copy of the debtor's answer be filed with the clerk of courts was removed. Experience has shown that when the creditor files this objection to the debtor's answer with the clerk of courts the court has no copy of the debtor's answer for reference when examining the creditor's objection to the answer. While there are other non-statutory solutions to this problem, the most convenient appears to be a modification to this form with the instruction that a copy of the debtor's answer be attached when filing this objection. 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. Form Number: Statutory Reference: Purpose of Form: Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: About this form: Date: 07/101/00 Page 1 2001 © American LegalNet, Inc. STATE OF WISCONSIN, CIRCUIT COURT, Creditor: Debtor: and Garnishee: COUNTY For Official Use Earnings Garnishment Objection to Debtor's Answer and Demand for Hearing Case No. To the clerk of court: 1. Attached is a copy of the debtor's answer (CV-424). 2. I object to the debtor's answer and demand a hearing to resolve the issues in controversy. By statute, this hearing must be held as soon as practicable after this objection and demand are filed. I object to the debtor's answer for the following reasons (explain briefly): 3. Please schedule this hearing and notify all parties. 4. To the best of my knowledge, the debtor's current address: is the same as that stated in the notice I filed to commence this earnings garnishment. is now: I understand that if I object to the debtor's answer in bad faith, I may be held liable to the debtor for actual damages, costs and reasonable attorney fees. Signature of Creditor/Attorney Date Address Telephone Number CV-425, 07/00 Earnings Garnishment - Objection to Debtor's Answer and Demand for Hearing Page 1 of 1 §§812.38 and 812.44(6), Wisconsin Statutes. This form shall not be modified. It may be supplemented with additional material. 2001 © American LegalNet, Inc.