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Questions Answered by Nick Passe
1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I want to look up and see if someone filed for Bankrupcy in Wisconsin and what dates if they have filed

How do I do that?

Nick Passe
Nick Passe answered on Oct 31, 2012

You would need to create and account with and log onto the Federal Bankruptcy Court (for the Eastern or Western District of Wisconsin) web page and search the PACER database records. There will be a modest expense for your searches. Alternatively you can hire an attorney's office with some... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My wife passed away and our house mortgage was in her name and I also signed but now bank of america is foreclosing and

I found out that they listed my name wrong on the mortgage. They have filed suit against me as I co-signed but can they do that with the name wrong on the origional papers. Or can I ask to have this suit dismissed because I am not the person listed on the note? this happthe suit was filed after I... Read more »

Nick Passe
Nick Passe answered on Apr 23, 2012

I highly doubt any judge would dismiss the case on the technicality you describe. Besides, one of the documents you probably signed when you took out the mortgage will obligate you to assist with correcting small scriveners' errors like the one you describe. Did the bank take a deficiency... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can the police arrest you if you fail a drug test?
Nick Passe
Nick Passe answered on Apr 2, 2012

If abstinence is a part of supervision (i.e. bond, probation, parole, extended supervision, or house arrest), then having consumed drugs will be seen as a violation of the conditions and you will usually be arrested. If you don't have any form of supervision, testing positive for drugs alone will... Read more »

1 Answer | Asked in Personal Injury for Wisconsin on
Q: I fell through a dock at a friends cottage in nothern Wisc, suffered fractured ribs, what should I expect from his insur

The dock boards were not installed properly, are there damages I should receive for personnal pain and suffering?

Nick Passe
Nick Passe answered on Feb 13, 2012

You may have claims you could make against your friend, his insurer, the dock instalation company, its insurer, and possibly the manufacturer of the dock or its insurer. I would be happy to talk to you about the case at my office or by phone.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: When you have probation in more than one case at the same time, do they run at the same time?
Nick Passe
Nick Passe answered on Feb 13, 2012

Generally the answer is yes, but the judge has it in his power to order the probation run consecutive to any other sentence, I believe. If the judge did not explicitly make it consecutive, it is concurrent.

1 Answer | Asked in Personal Injury for Wisconsin on
Q: How can someone sue for personal injuries when they did it pretty much themself and not on my property?
Nick Passe
Nick Passe answered on Feb 13, 2012

Your question leaves out a lot. Anyone can sue for anything pretty much. It is up to you to defend the allegations. Broadly speaking, you will want to show that you have no liability for any injuries the person sustained and also be ready to argue about the fair measure of damages if the... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What happens when the courts file a revokation of a diversion agreement and you dont have a lawyer?
Nick Passe
Nick Passe answered on Feb 13, 2012

Whether you have a lawyer or not, you will have a revocation hearing and if the diversion is revoked, you will be convicted of the offense and proceed to sentencing. If the diversion is allowed to continue, you will not proceed to sentencing. My advice is to get an attorney as soon as you can.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Friend had felony at age 18 now 47. he cannot purchase a gun legally,(WI) can own as many as he wants, sound fishy?
Nick Passe
Nick Passe answered on Feb 13, 2012

I suspect your friend is misinterpreting the law. He should consult with an attorney about trying to eliminate his lifetime prohibition if he wants to legally buy or possess a firearm or ammunition. He is playing with fire if he possesses firearms as a felon. If he thinks the prohibition doesn't... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I'm hoping to be removed from Wisconsins sex offender registry under wisconsin state statue 301.45 (1m) I dont know how
Nick Passe
Nick Passe answered on Feb 13, 2012

This is a fairly involved process and you will definitely want an attorney to be assisting you if you want any meaningful chance of success. Essentially, you will need to convince the court and the prosecutor to stick their necks out for you. I was successful the one time I tried this but those... Read more »

1 Answer | Asked in Personal Injury for Wisconsin on
Q: How does a township of 10,000 residents pay a $1.5 million lawsuit?
Nick Passe
Nick Passe answered on Feb 13, 2012

Most of the time when you see a settlement or a verdict like that it is an insurer who pays part or all of the amount. If there is no insurance for the loss, the village would need to raise the funds by selling assets or taxing residents. In certain special circumstances, a munitipality will... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: How do we separate bills before a divorce is final?
Nick Passe
Nick Passe answered on Feb 13, 2012

You should get a temporary order in the divorce. The temporary order tells the parties what the rules will be during the divorce process. You can get a temporary order either through a hearing where you argue about one or more issues or through a stipulation document if you are able to reach a... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: How can I defend myself after being part of a sting operation UAP, is this entrapment?
Nick Passe
Nick Passe answered on Feb 10, 2012

Entrapment is when law enforcement induces you to do something that you otherwise wouldn't. You should consult with a criminal defense attorney immediately to explore all possible defenses to your case. Defenses are normally very fact-intense.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Does the suaztez vs plastic dress up co. also count for wisconsin regarding to vacation pay after termination
Nick Passe
Nick Passe answered on Feb 10, 2012

Could you please rephrase your question?

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Would this constitute Class I Felony criminal damage to property and be within the statute of limitations?

I have a neighbor send their contractors onto my property without consent. The contractor was made aware that their was no permission to come onto my property because I had problems before with damage. I finally gave permission to the contractor after he told me he was just going to replace the... Read more »

Nick Passe
Nick Passe answered on Feb 10, 2012

If you report this to law enforcement they will probably roll their eyes and tell you this is a civil matter and they are not interested in it. You may very well have a civil cause of action, though. See an attorney familiar with real estate law who has at least some litigation experience about... Read more »

1 Answer | Asked in Employment Law for Wisconsin on
Q: Can an employer legally not pay you for holiday pay if emergency occured & had dr excuse not to return for 3 days?
Nick Passe
Nick Passe answered on Feb 10, 2012

Your question is unclear; no employer is required to pay holiday pay or sick pay unless a contract says otherwise.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: What are Serious wi crimes?
Nick Passe
Nick Passe answered on Feb 10, 2012

The crimes that are "serious" in WI are the crimes that are serious everywhere else.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Do i have to serve me three years on probation or can i get released early by any chance?
Nick Passe
Nick Passe answered on Feb 10, 2012

A probation agent can petition a court for early discharge of probation but to the best of my knowledge, no agents (at least in my part of the state) do this. You could reject probation on the grounds that you have completed all the substantive requirements of probation but that would be risky... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: How do u fight extradition
Nick Passe
Nick Passe answered on Feb 10, 2012

There are only a few ways you can fight extradition. One would be to say "I'm not who you think I am." I saw that once. In 99% of cases extradition is a mere formality. Consult with a criminal defense attorney immediately to discuss how if anything can be done in your case.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I had a case 2005 for Paraphenalia plea-guilt in WI, and would like get a criminal attorney who can help about withdrawi
Nick Passe
Nick Passe answered on Feb 10, 2012

Withdrawing a plea after sentencing (especially 7 years after sentencing) would be very difficult to do, but not impossible under the right circumstances. I would be happy to speak with you about your situation if you want to call my office.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Can my employer deduct from my pay the processing fee when a client pays with a credit card? Is it legal?
Nick Passe
Nick Passe answered on Feb 10, 2012

There is a statute about what can be deducted from wages. You should speak to an employment law attorney about the details of your situation because what you describe may not fit the statute precisely. You might be able to find an attorney willing to do some preliminary research for little or no... Read more »

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