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Wisconsin Small Claims Questions & Answers
0 Answers | Asked in Small Claims for Wisconsin on
Q: Looking for someone that could help me through a small claims affidavit

we had went mediation and the person did not follow through on what they were supposed to do and now it will be going in front of a judge. I don’t know what other proceeding things that I have to do this I have ADHD/ADD. I have learning disabilities and I don’t know how to, go about all this .... View More

0 Answers | Asked in Consumer Law and Small Claims for Wisconsin on
Q: Can I move forward with a small claims case if I can only serve one party from a lease?

I leased to a father (48) and son (early 20s) and they paid very little rent and no utilities. I got them out and want to file a small claims case to reclaim $ owed (nearly $10K), but I don't know where the son is (have an idea of the city, but no address) and only know where the father is... View More

2 Answers | Asked in Collections, Insurance Bad Faith, Car Accidents and Small Claims for Wisconsin on
Q: Insurance fraudulent filings & collection = eternal servitude?

In 2016 I gave my child a vehicle. They were instructed to register it and get insurance. They did neither. Instead they were rear-ended, causing them to rear-end another while at a dead stop. In 2017 my child and myself were sued. 3 months later the suit was dropped, I assumed because my child... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 13, 2024

You are on the hook. Whatever you are paying apparently isn't reducing the principal. I fail to understand why plaintiff's attorney will not provide you a balance. What they won't do is send you a monthly statement.

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1 Answer | Asked in Small Claims for Wisconsin on
Q: If you are getting sued by a civil law suit or sued from an estate regardless if there is a will or not can your assets

be froze?

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2023

A Wisconsin attorney could advise best, but your question remains open for two weeks. Although some questions go unanswered here, one option is to add "Collections" and "Estate Planning" as categories - this sounds like it could involve more than a simple and straightforward... View More

1 Answer | Asked in Products Liability, Small Claims, Intellectual Property and Trademark for Wisconsin on
Q: Can a distributor ship products of another brand who has permission to use a 3rd companies logo on the product w theirs

I as a distributor of tea products place a brand customer's custom logo on the product and ship to their customer when they have orders. If one of these brands also has us place another 3rd parties logo (a 501c charity they raise money for) on the product am I at risk of any legal liability... View More

Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Those third party logos are someone's intellectual property, and I would advise you to obtain some kind of proof from your customer that these third party logos are allowed/licensed to be used in the particular product.

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Wisconsin on
Q: Civil Judgement help. We cant get info to pay a judgment.

My husband got into fight that resulted in restitution for hospital bills after he was released off probation and they turned it into a judgement. We have been trying to get ahold of the hospital to pay this off they wont give any information to us because it is someone elses name. We call... View More

Emmanuel Muwonge
Emmanuel Muwonge
answered on Oct 13, 2021

Why don't you call the hospital and request you need to speak with the legal department. If they don't have one, ask to speak with the individual responsible for payments due to the hospital and tell them you need help finding out where to send the payment. If that fails, send them the... View More

1 Answer | Asked in Products Liability, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Who is likely at fault or what is my percentage of fault in the incident I've detailed below, I'm being sued?

I was driving on the right side of road in residential area, following speed limit & initiated decrease in speed to take a left into a driveway to reverse out of to go back the same way I was coming from. There was a car in that driveway. Before ever breeching the threshold line of said... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2021

A Wisconsin attorney could advise best, but your question remains open for a week. This could be a difficult claim, where certain things could have been done better on both sides. In terms of apportioning liability, that could be a jurisdiction-specific issue based on the comparative negligence... View More

1 Answer | Asked in Small Claims for Wisconsin on
Q: Father in law was at fault for an accident in my car with no insurance. He said he will take all responsibility. am i ok

Will i get in any trouble if he tells the court that he takes all responsibility. It is small claims court

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2020

A Wisconsin attorney could advise best, but your question remains open for two weeks. It's difficult to say what could happen. He could agree to accept all the responsibility with the other side, but he cannot control whether violations are issued for an uninsured vehicle - that's in the... View More

1 Answer | Asked in Small Claims for Wisconsin on
Q: Mother has a judgment against me and she died. As defendant and her only heir do i have to pay debt?

My mother has a judgment against me for $10K. She has passed away. I am her only child and was her power of attorney and heir to her estate. How do i remove this judgment from my credit?

Tim Akpinar
Tim Akpinar
answered on May 9, 2020

I'm sorry for the loss of your mother. You might have better chances of a response if you reposted in the Probate, Estate Planning, Collection categories. There's no guarantee that all questions are picked up, but your post remains open for four weeks and it isn't really a small... View More

1 Answer | Asked in Real Estate Law and Small Claims for Wisconsin on
Q: Rental next door-Constant noise. can I sue the landlord
Jason Anthony Greller
Jason Anthony Greller
answered on Apr 1, 2020

Generally a landlord is not liable for noise caused by a tenant unless the complaining party is another tenant in the same complex who is being denied quiet enjoyment of their unit. Otherwise, noise complaints are properly directed to local law enforcement.

1 Answer | Asked in Landlord - Tenant and Small Claims for Wisconsin on
Q: Can I sue an honor for not stopping noise from his tenant?
Jason Anthony Greller
Jason Anthony Greller
answered on Apr 1, 2020

Generally a landlord is not liable for noise caused by a tenant unless the complaining party is another tenant in the same complex who is being denied quite enjoyment of their unit. Otherwise, noise complaints are properly directed to local law enforcement.

1 Answer | Asked in Criminal Law and Small Claims for Wisconsin on
Q: Can someone be arrested for taking my mail without my permission?
Gary Kollin
Gary Kollin
answered on Oct 22, 2019

contact the postal inspectors

1 Answer | Asked in Insurance Bad Faith and Small Claims for Wisconsin on
Q: Insurance will only pay me 50% of my damages because the other driver intentionally brake checked me. How is that fair?

The police have received both of our statements where both sides state that he brake checked me intentionally. The insurance knows this and told me that because he intentionally tried to cause an accident they will only pay for half of my damages.

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2019

It does seem unfair. You could consult with a Wisconsin attorney. There is no mention of injuries, and I hope you were not injured. But keep in mind that if the claim is purely property damage, an attorney might not be able to handle it on at a typical contingency fee arrangement generally applied... View More

1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on
Q: Which WI statute protects home buyers from undisclosed issues in the condition report of their home?

The seller of my home knew of diseased trees (received a bid for multiple thousands of $$) and did not disclose them on the condition report. I'd like to read the exact real estate legislation that I'm protected by.

Jason Anthony Greller
Jason Anthony Greller
answered on Jun 3, 2019

Take a look at Section 100.18

100.18  Fraudulent representations.

(1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities,...
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1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on
Q: Am I liable for the repair that I didn't know after close?

I sold a condo a month ago. We remodeled the condo. It is disclosed in the Disclosure. Buyer contacted us and stated that the dryer's vent doesn't vent and cause retention of moisture that cause ceiling damage. When the contractor installed the dryer, the building property manager was in... View More

Jason Anthony Greller
Jason Anthony Greller
answered on Oct 19, 2018

I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.

The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in...
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1 Answer | Asked in Small Claims and Landlord - Tenant for Wisconsin on
Q: Renters debt now 10 years old. Am I liable to pay this debt back now? The collector/owner is requesting that I do.

I live in WI. I did not pay balance owed, because they never repaired what was broken when I put in a work request for it, on the condition of major appliances leaking or not operational. I moved from there in 2008 because of the non repaired appliances. I reapplied for this apt. complex in 2018... View More

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Aug 21, 2018

Your landlord had 6 years from the date the debt accrued to file a lawsuit or be time barred from pursuing it. This is what the statute of limitations says. Your main options are: 1) refuse to pay the balance because the landlord didn't do anything to collect before the statute of... View More

1 Answer | Asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Is a LLC liable for injuries caused by it's uninsured vehicle driven by the owner of the LLC in Wisconsin?

I was on the sidewalk when I was struck by a car backing out of the driveway

Emmanuel Muwonge
Emmanuel Muwonge
answered on Mar 16, 2018

I believe that the LLC may be or may not be liable for injuries caused by its uninsured vehicle driven by the owner of the LLC in Wisconsin. First, whether the vehicle is insured has nothing to do with the liability question. Rather, liability for the accident and accompanying injuries is a... View More

1 Answer | Asked in Consumer Law and Small Claims for Wisconsin on
Q: What do I do If I believe my vehicle was repossessed illegally

My vehicle was recently repossessed, and I didn't receive a notice to cure debt . Now I'm told that I have to pay late fee's ,past due balance of $100, and a $299 fee in order to retrieve my vehicle.

Nathan DeLadurantey
Nathan DeLadurantey
answered on Feb 9, 2018

You may have a case for an "illegal repossession" and be entitled to get the vehicle back -- AND return of all the money you paid on the car. Contact a local consumer lawyer that specializes in repossession cases and request a free consultation.

1 Answer | Asked in Car Accidents and Small Claims for Wisconsin on
Q: I borrowed my friends sisters car. While i loaned it I had got into accident she did not have insurance and wants to sue

Can she sue even though she lied about having insurance? She's taking me to small claims for 5000 when the shop her car is at 5old me it's only $900 to fix I even bought her a car till she could get hers back and is also trying to sue for registration fees due parking tickets.

Emmanuel Muwonge
Emmanuel Muwonge
answered on Jan 23, 2018

She is suing or can sue for damage to her vehicle. I don't know whether her alleged lying about insurance led you to take the vehicle such that you relied upon representations it was an insured vehicle. That notwithstanding, I don't see the relationship between her lying about insurance... View More

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