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Debtor-Creditor – garnishment — jurisdiction
By: WISCONSIN LAW JOURNAL STAFF//June 17, 2014//
Listen to this articleWisconsin Court of Appeals
Civil
Debtor-Creditor – garnishment — jurisdiction
Jeff Mizinski appeals orders denying his motion to quash an earnings garnishment and his motion for reconsideration. Mizinski argues the circuit court lacked in rem jurisdiction to garnish his wages because the wages were not located in the state of Wisconsin. However, we conclude in rem jurisdiction over the wages was not required. Pursuant to Dalton v. Meister, 71 Wis. 2d 504, 239 N.W.2d 9 (1976), the circuit court could properly issue an in personam order directing Mizinski’s employer to remit a portion of his wages to Midland Funding, LLC, the entity that filed the garnishment. We therefore affirm. Not recommended for publication in the official reports.
2013AP2422 Midland Funding LLC v. Mizinski et al.
Dist III, St. Croix County, Lundell, J., Stark, J.
Attorneys: For Appellant: Crandall, Eric L., New Richmond; For Respondent: Ambrosh, David A., Milwaukee; White, Kevin T., Milwaukee; McCool, Alexandria E., Milwaukee
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