Wisconsin Wage Garnishment After a Judgment: The 20% Rule and 13-Week Limit

If the debtor has a job, wage garnishment is usually the most reliable way to collect a Wisconsin small claims judgment. It does not depend on the debtor cooperating, and it runs automatically once the employer is served. But the process has strict limits, specific forms, and upfront costs that catch many judgment creditors off guard.

The 20% Rule

Wisconsin's wage garnishment operates under Subchapter II of Chapter 812. The core math is straightforward: 80% of the debtor's disposable earnings are completely exempt from garnishment under Wis. Stat. § 812.34(2)(a). You can only reach the remaining 20%.

Disposable earnings means gross pay minus deductions required by law — federal and state income tax, FICA, and Medicare. Voluntary deductions like 401(k) contributions, health insurance, and union dues do not reduce the base. So if the debtor earns $800 per week gross with $150 in mandatory withholdings, their disposable earnings are $650, and the maximum garnishment is $130 per week.

There is a floor. If garnishing 20% would push the debtor's household income below the federal poverty guidelines, the garnishment drops to whatever amount keeps them above the line. If the debtor already falls below the poverty threshold — or has received need-based public assistance like FoodShare, SSI, or W-2 within the past six months — their earnings are 100% exempt.

The 13-Week Window

Each earnings garnishment notice stays active for 13 consecutive weeks from the date the employer is served. After 13 weeks, the garnishment expires automatically — even if the judgment is not fully satisfied.

To continue collecting after the 13-week period, file and serve a new garnishment notice. Each cycle costs the same filing fees and requires the same service steps.

Filing and Service Steps

Wage garnishment follows a specific sequence using the instruction guide SC-6070V:

1. File Form CV-421 (Earnings Garnishment Notice) with the Clerk of Circuit Court. The filing fee is $121 for small claims amounts, plus $35 for e-filing if applicable.
2. Receive Form CV-422 (Earnings Garnishment) — the clerk signs and returns two copies.
3. Serve the employer with Form CV-422 within 60 days of filing. You must also tender a $15 garnishee fee to the employer at the time of service.
4. Serve the debtor within 7 business days after serving the employer, and at least 3 business days before the first affected payday. The debtor receives Form CV-422, Form CV-424 (for claiming exemptions), and the Poverty Line Exemption Schedules.

The employer deducts $3 from each payment after the first to cover their administrative costs.

Priority Rules

Child support orders, tax levies, and Chapter 128 amortization plans all take priority over your garnishment. If another civil garnishment is already active, yours waits in the queue until that 13-week period expires.

When the Debtor Disputes

The debtor can claim an exemption by filing Form CV-424 within 20 days of service. The employer holds the withheld funds while the court schedules an expedited hearing. If the exemption is valid, the court releases the funds back to the debtor.

Wage garnishment works best when you already know the debtor is employed — information that should appear on their Financial Disclosure Statement (Form SC-506B). Our Wisconsin judgment collection guide includes a Garnishment Filing Checklist that tracks every deadline and fee in the 13-week cycle.

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