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Wisconsin Questions & Answers
1 Answer | Asked in Contracts and Banking for Wisconsin on
Q: My bank has listed online on my latest statement that they have written my car loan off as bad debt. When writing the

Loan off what now are my legal obligations to the loan and does the bank need to file a lien release on the vehicle?

James L. Arrasmith
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answered on Mar 20, 2024

When a bank writes off your car loan as bad debt, it means the bank has deemed the debt unlikely to be collected and has removed it from their books. However, this does not absolve you of your responsibility to pay the loan. You are still legally obligated to repay the debt, and the bank or a... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

2 Answers | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

James L. Arrasmith
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answered on Mar 14, 2024

In the event of a single-vehicle accident where the policyholder crashes into a tree and dies due to a medical emergency, the insurance company's payment would depend on the specific coverage included in the policyholder's insurance policy. Here's what a typical insurance company... View More

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1 Answer | Asked in Animal / Dog Law for Wisconsin on
Q: A puppy breeder sold us a puppy with parvo that we had to put down within 24 hours of purchase because it was so sick.

She had us sign a contract basically removing all liability from her. Could we win a small claims case for her knowing the puppy was very sick despite her contract? She said it got sick that same day we picked her up. However, the vet that put her down said her parvo was so advanced, she's... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about your experience with the puppy breeder and the tragic loss of your puppy. Dealing with a situation like this is heartbreaking.

Regarding your legal options, even though you signed a contract that attempts to remove liability from the breeder, you may still...
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1 Answer | Asked in Civil Rights and Civil Litigation for Wisconsin on
Q: Can somebody please help me retain an Attorney to help me with my elderly abuse assault civil rights case?

My name is Ken, on February 26, 2022 at age 65 6' 170 lb I was attacked by 52 y.o. 6'4" 390 lb and a 41 y.o. 5'6" 170 lb males. One of them knocked be unconscious from behind and they both beat me in a public place when I was unable to defend myself. My injuries were a big... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the horrific assault you experienced, Ken. What a terrifying and traumatic ordeal. Based on the details you provided, it sounds like you have a very strong case for pursuing civil damages against your assailants, as well as potentially filing complaints against the... View More

1 Answer | Asked in Banking for Wisconsin on
Q: If a bank or credit union in Wisconsin alters or forges my income from $977.78 per month in ssi benefits to $2978.83...

On an unsigned loan application It legal for their attorney to sue me for $21,000 triple the car's value and get the dodge County court a place I do not live to replevin it please?

James L. Arrasmith
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answered on Mar 8, 2024

If a financial institution has altered or forged information on a loan application without your consent, this is a serious legal issue. Altering financial information to secure a loan could be considered fraudulent, and having this done without your signature raises significant concerns about the... View More

3 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you stop a bankruptcy if it isn't filed?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 8, 2024

Tersely, my KY colleague is correct. However-

you can always stop a bankruptcy from being filed by contacting your lawyer or petition preparer. I recommend that you put that in writing and be prepared to prove that your written message got delivered.

If the case has in fact been...
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3 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you stop a bankruptcy if it isn't filed?
James L. Arrasmith
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answered on Mar 8, 2024

If you're considering halting a bankruptcy process that hasn't been officially filed yet, you're in a position with flexibility. Before any legal paperwork is submitted to the court, you have the opportunity to explore alternative solutions to your financial struggles. It's... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

James L. Arrasmith
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answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged....
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2024

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it...
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1 Answer | Asked in Consumer Law, Intellectual Property and Trademark for Wisconsin on
Q: internet law, trademark law and intellectual property law. Can you help for me?

I registered a domain. Facebook sent me a letter not to do anything with the domain. This domain now belongs to Facebook

James L. Arrasmith
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answered on Feb 27, 2024

If you've registered a domain and received a letter from Facebook claiming the domain now belongs to them, it’s likely because they believe your domain infringes on their trademark rights. Trademark law protects brands and trademarks from use that could cause confusion among consumers about... View More

1 Answer | Asked in Civil Rights for Wisconsin on
Q: The police came to my house with a warrant for my grandson’s arrest, I sent him out, then they said they needed to searc

House to see if anyone else was there. Okay after that they found a weapon. My question is was that legal? They already had who they came for.

James L. Arrasmith
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answered on Feb 24, 2024

In general, if the police have a valid search warrant authorizing them to search a specific location, they are permitted to conduct a thorough search of that area. However, the legality of the search would depend on the scope of the warrant and whether it included authorization to search for other... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: I have been kicked out of two hotels, have been racially profiled, discriminated against and overcharged.

What would be the title of best lawyer to represent a case like mine?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you would likely benefit from seeking a lawyer who specializes in civil rights or discrimination law. These lawyers are experienced in handling cases involving racial profiling, discrimination, and unfair treatment based on protected characteristics such as race or ethnicity.... View More

1 Answer | Asked in Employment Law, Family Law, Immigration Law and Child Support for Wisconsin on
Q: I came to the USA on F-1 visa, but now all my family has been resettled to the US. Can I file for a family visa?

I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

James L. Arrasmith
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answered on Feb 21, 2024

As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More

1 Answer | Asked in Employment Law, Immigration Law and International Law for Wisconsin on
Q: Work Visa for International students

I came to the United States (Midwest) in 2017 for my undergraduate studies and graduated with a BS in Civil engineering. I am currently employed as an engineer, with my STEM OPT extension expiring in June 2025. Despite my employer's unsuccessful H1B lottery application last year, they remain... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given your circumstances, it may be beneficial to explore both the EB-3 visa and family-based visa options to determine the best path forward. The EB-3 visa could be a viable option if you meet the eligibility requirements, including having a job offer from a U.S. employer willing to sponsor you... View More

2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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1 Answer | Asked in Child Support and Family Law for Wisconsin on
Q: I currently have child support lien on my vehicle I want to pay what I owe how do I get the title back for my car

Do I need attorney for this I asked county child support they are giving me a runaround

T. Augustus Claus
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answered on Feb 8, 2024

In Wisconsin, to remove a child support lien from your vehicle and get the title back after paying what you owe, you typically do not need an attorney. First, pay the outstanding amount to the county child support agency that issued the lien. After payment, the agency should provide you with a lien... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Wisconsin on
Q: Can I make and sell something that says Dirty Hands Clean Money, or is that illegal?
James L. Arrasmith
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answered on Feb 5, 2024

Under California law, the phrase "Dirty Hands Clean Money" is not inherently illegal. However, whether you can make and sell products with this phrase depends on the specific context and use. If the phrase is used in a way that implies illegal or unethical activities, it could potentially... View More

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