Wis.LIRC UC Decision: Paulson, Larry - November 8, 2002 - BR 320 - Notice of Levy - appeal of department's notice of levy - UC Act's levy provision has same exemptions as those in Wis. Stat. � 815.18, which exempts from levy certain properties - thus debtor may not use � 815.18 to establish a blanket exemption against the levy

STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

LARRY J PAULSON, Debtor

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02-LEVY-05

Pursuant to the timely petition for review filed by the above-named debtor, the commission has reviewed the record of this matter and has considered the petition and the relief requested, and makes the following:

FINDINGS
1. Debtor's obligation to the Department of Workforce Development for an overpayment of unemployment benefits in the then-amount of $3757 (now $3722, due to an additional $10 in legal costs and an offset of $45 paid by the debtor) was established by decision of the commission, issued on January 19, 2001, which has become final.

2. 3. The debtor appealed the department's Notice of Levy, seeking only to challenge the basis of the debt, which was finally established according to paragraph one above and is not subject to further appeal or review.

4. The appeal tribunal decision, issued on May 28, 2002, dismissed the debtor's appeal on the ground that it objected only to the basis for the indebtedness, which is no longer subject to any appeal, and did not contend that he has either repaid the debt or is not the named debtor, which are the only grounds for an appeal. The commission accordingly makes this:

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the debtor's appeal is dismissed.

Dated and mailed November 8, 2002
paulsla . ssd : 105 : 3 BR 320

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

Laurie R. McCallum, Commissioner

MEMORANDUM OPINION
The debtor argues that these proceedings are prohibited by Wis. Stat. § 815.18, which exempt from levy certain properties. As far as wages are concerned, however, the exemption is not absolute. By operation of Wis. Stat. § 815.18(3)(h), only 75 percent of the debtor's net income or 30 times the minimum hourly wage, is exempted for a given week. Wisconsin Stat. § 108.225(16) contains the identical exemption, and the April 12, 2002 Levy Notice specifically refers to that provision of the statutes. For these reasons, the debtor may not use that provision to establish a blanket exemption against the levy in question. By operation of statute, there are only two defenses to a timely levy proceeding: mistaken identity and prior repayment of the debt. With the exception of the $65 payment in dispute (the debtor alleges payment of $110 rather than $45), there is no question as to the debtor's failure to have repaid almost the entirety of the monies due. For these reasons, and for those stated in the appeal tribunal decision, the commission has denied the debtor's request for hearing.

cc: Supervisor - Collections Unit

[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]

uploaded 2002/11/15