Small Claims Non-Earnings Garnishment

If the other party has not voluntarily paid you the amount of money that was awarded in your small claims judgment, you may file a Non-Earnings Garnishment to collect the money from the other party's bank account or other source not considered to be an "earning".

Post-Judgment: Basic Steps for Handling a Small Claims Non-Earnings Garnishment SC-6071V

Small Claims Garnishment Summons and Complaint for Non-Earnings SC-301

• The creditor in the judgment completes Form SC-301, with the exception of when and where to appear.

Garnishee Answer for Non-Earnings SC-302

• The creditor is to send Form SC-302 to the garnishee (see Answer of the Garnishee).
• The completed garnishment paperwork is filed in the existing small claims case, if there is one. If the judgment was granted in another county and filed as a transcript of judgment in Waukesha County, a new case will be opened.
• The filing fee is payable when the Summons and Complaint for Non-Earnings is filed with the Clerk of Court's Office. See Civil Division Filing Fees.
• The person filing the garnishment paperwork will be assigned a Return Date (first appearance).
• Both the garnishee and the debtor must be served with the garnishment summons and complaint. The debtor must be served no later than ten (10) days after service on the garnishee. This is the creditor's responsibility.

Answer of the Garnishee Defendant

• The garnishee is provided with an answer form (SC-302) at the time the papers are served.
• The garnishee must complete the answer and file the original with the Clerk of Court's Office and send a copy to the creditor on or before the Return Date.

Answer of the Defendant

• The debtor may respond to the Non-Earnings Garnishment using form (SC-303) to claim an exemption that exists to a non-earnings garnishment.
• If completed, the debtor must file the original answer with the Clerk of Court's Office and send a copy to the creditor and garnishee. 

At the Return Date Calendar 

• If the answer is filed, the Court will generate an Order to Garnishee. The Court will enter the amounts stated on the answer from the garnishee. The court will send this Order to the garnishee for the release of monies to the creditor or creditor's attorney (not the Clerk's office.)
• If the answer has been filed with no money being held, the garnishment is dismissed at the Return Date.
• If the answer has not been filed by the Return Date, the Court may grant judgment against the Garnishee, or may give additional time to answer.