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Wisconsin Questions & Answers
1 Answer | Asked in Consumer Law for Wisconsin on
Q: I received a $250 deposit from golf clubs on Facebook marketplace but the buyer backed out. Am I required to refund it?
David S. Burleson
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answered on Jan 7, 2025

It is never a good idea to put a deposit down on something purchased through Facebook's Marketplace. That being said, if the item being sold is as described and the communications make it clear that the deposit is non-refundable then I'm guessing that Facebook, through its dispute... View More

2 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Wisconsin on
Q: Car damaged by a porta-potty during a storm. Who would be liable (company who rented, the porta potty company, or both)?

We woke up the next day after a storm with high winds and found our car damaged by a porta potty that was originally down the street. The porta potty ended up in our yard/against our car. We contacted the porta potty company, who is offering only half the cost to repair the car. This is a new build... View More

Michael Hupy
Michael Hupy
answered on Jan 7, 2025

Determining liability for the damage caused by the porta-potty during the storm can be complex, and it largely depends on several factors, including contracts, local laws, and whether negligence was involved. Here’s an overview of the potential liable parties:

1. Porta-Potty Company:...
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2 Answers | Asked in Car Accidents for Wisconsin on
Q: I was in a car accident on 10/15/2024. The other person was at fault (stated by the reporting officers).

I've been waiting on the police report since then in order to start my insurance claim. To date, the officer still hasn't given me any police reports , and a month after the incident when I contacted him he stated that he never filed the report because he forgot . If the insurance company... View More

William  Pemberton
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answered on Dec 10, 2024

I’m sorry to hear about the challenges you’re facing—it’s a frustrating situation to be in. To address your question, you do not need a police report to pursue a claim against the at-fault driver. While a police report can be helpful, it is not the only way to prove what happened in the... View More

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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord bill me for cleaning 44 days after our lease ended and we received our nearly full security deposit?

Bill was for cleaning and partial, move-out, professional carpet cleaning, no damage or stains.

Robert Weinstein
Robert Weinstein
answered on Dec 6, 2024

Generally, a landlord is required to provide an itemized statement of deductions from a security deposit and/or return the security deposit within 21 days. That said, if you caused more than normal 'wear and tear,' (ie caused stains on carpet, which you state you did not), it's... View More

1 Answer | Asked in Criminal Law for Wisconsin on
Q: Hello...I am looking to potentially hire an attorney and my question is this; I am absconding from misdemeanor

Probation and I also have a warrant for a misdemeanor retail theft charge and driving after revocation in Wisconsin..ive moved out of state and do not plan to move back...what I want to ask is if there is any possibility of an attorney talking to the d.a. in the town I used to live and bieng able... View More

Sarah Schmeiser
Sarah Schmeiser
answered on Nov 19, 2024

Because you are on probation it is not just a matter of negotiating an outcome with the prosecutor, as it would be on the new charge. You will have to deal with probation and revocation and a sentence on that in addition to handling the new charge. It is still possible to try to deal with some... View More

1 Answer | Asked in Insurance Bad Faith for Wisconsin on
Q: My home owners insurance keeps delaying payment and changing how much they'll pay and changes agents often.

This has been going on for months, since february 2024 and work was completed end of May. I have one company threatening to put a lien on my home now.

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2024

A Wisconsin attorney could advise best, but your question remains open for three weeks. It's possible it could be bad faith claims practices - and it's possible it might not be. More details are needed. Claims do change hands regularly, depending on the carrier's protocols. It could... View More

1 Answer | Asked in Business Law for Wisconsin on
Q: does a purchase order obligate the customer to buy the product
Tim Akpinar
Tim Akpinar
answered on Sep 21, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, the short answer in general terms is that it would depend on the purchase order. Some purchase orders are very brief and contain only basic terms like the... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: My mom has worked for 12 years routinely working over 80 hours a week but never receiving overtime pay.

My mom works for an in-home care facility for mentally disabled people, taking care of up to 9 people and the household, in Wisconsin. She typically works over 300 hours a month, and stays overnight while working as only one person works in the house at any time. She has worked for this place since... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

You should look at WI state agency for wage claims. https://dwd.wisconsin.gov/er/laborstandards/wageclaim.htm There is a 2 year statute of limitations for wage claims in WI, so your mom can recover 2 years of OT.

Some of the statutes also carry with them "liquidated damages"...
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1 Answer | Asked in Products Liability for Wisconsin on
Q: If making payments on vehicle to bank & insurance & also named as a driver but not on title.can they take it

If the couple splits up can they illegally take the vehicle

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2024

A Wisconsin attorney could advise best, but your question remains open for three weeks. It probably went unanswered because the "Product Liability" heading chosen as a category is more about injuries from defective products. This may be something that divorce attorneys would know better,... View More

1 Answer | Asked in Appeals / Appellate Law, Education Law, Juvenile Law and Municipal Law for Wisconsin on
Q: I’m 16, I was truant to school and I have over 1,000 dollars in fines and suspended my license 3y how can I get it back?

I need a job but I have no way there so I really need my license how can I get it back or unsuspended for three years ?

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry that you have been saddled with such heavy fines at your age as a student. A starting point might be to reach out to legal aid organizations to request their assistance or guidance. Look into what... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am an officer in a small condo HOA in Wisconsin. We are soliciting quotes for insurance coverage...

as a series of six twinplexes without revealing we are an HOA. Is this legal?

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. Whether or not what you are doing is legal or illegal under Wisconsin law (a local attorney should advise there, as insurance practices are governed largely by state law - it does not sound like something that... View More

1 Answer | Asked in Education Law, Federal Crimes and Gov & Administrative Law for Wisconsin on
Q: are individuals with a valid ccw allowed to carry firearms on school grounds with permission from the administrator?

according to this statute: https://docs.legis.wisconsin.gov/document/statutes/175.60(1)(d)

James L. Arrasmith
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answered on Jul 21, 2024

Individuals with a valid CCW are generally not allowed to carry firearms on school grounds. However, exceptions can sometimes be made with explicit permission from the school administrator. It's important to check local and state laws, as they can vary significantly.

You should...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Wisconsin on
Q: How can I find my grandfather's patent
James L. Arrasmith
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answered on Jul 2, 2024

To find your grandfather's patent, you can follow these steps:

1. Gather information:

- Your grandfather's full name

- Approximate date or year of the patent

- Any details about the invention

2. Use online patent databases:

- USPTO Patent...
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1 Answer | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for Wisconsin on
Q: Been paying a stated value on my insurance of $20,000 for the past 7 years. In an accident on

May 29, 2024. Was totalled per adjuster. Won't pay the $20,000. Wants to pay around $6,000. " What the 2010 Avalanche is worth" per the insurance company. What do I do? I wracked up my left knee that I just had replace in 2/9/24. All I care about is getting my $20,000 for my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. It sounds like an unfair outcome, but in stated value policies, there could be provisions for carrier to pay either stated value or ACV (actual cash value). One option is to review your policy with a Wisconsin... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I have US green card+ india passport expiring in 1.5 months. I have trip on July 4th Bahamas, 6 month validity rule?

Does 6month validity rule apply for travel to Bahamas as indian passport holders with a US green card (my passport expires in a month)

James L. Arrasmith
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answered on Jun 29, 2024

To answer this question accurately, we need to consider a few key points:

1. Passport validity requirement:

Most countries require that a traveler's passport be valid for at least 6 months beyond the date of intended stay. However, this can vary by country.

2. Bahamas...
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Wisconsin on
Q: If I designed a logo for a small business with plans to expand, but wasn't paid, can I force them to stop using my work?

The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal considerations to address:

Copyright ownership:

Your husband, as the creator of the logo, automatically owns the copyright to his work unless there was a written agreement transferring those rights....
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Wisconsin on
Q: If I designed a logo for a small business with plans to expand, but wasn't paid, can I force them to stop using my work?

The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation involves several complex legal issues. Let's break it down:

1. Copyright ownership:

Generally, the creator of a work (in this case, your husband who designed the logo) owns the copyright unless there's an agreement transferring those rights. Since there was...
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1 Answer | Asked in Tax Law and Municipal Law for Wisconsin on
Q: My town -- town of Gibraltar is still charging me a TUF tax. Is this legal?

The town started charging after the Buchanan case was filed. CASE NO.: 2022AP1233

my town continues changing even though it was illegal there. It says the supreme ct agrees. Does that mean this town can keep charging me or is it illegal? It is a very unfair tax based on the feet of road... View More

James L. Arrasmith
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answered on Jun 25, 2024

It appears that the Town of Gibraltar is still charging you a Transportation Utility Fee (TUF) tax, which you're questioning the legality of given a recent court case. Let's break this down:

1. The Buchanan case (CASE NO.: 2022AP1233) you're referring to is likely the case...
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1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Wisconsin on
Q: Can a public place shame and humiliate you by putting a photo of you up with details and telling people you are banded

I have already been given two citations one for theft one for property damage but never stolen anything.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a complex legal situation involving public shaming and potential false accusations. Let me break this down:

1. Public shaming: Generally, it's not legal for a business or public place to publicly shame individuals, especially if the information is...
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1 Answer | Asked in Employment Law and Employment Discrimination for Wisconsin on
Q: I have been taking meds for anxiety and depression since 2000 in order to work. My employer says I'm not disabled.
John Michael Frick
John Michael Frick
answered on Jun 13, 2024

It is well-settled that anxiety and depression CAN be a disability but is not always necessarily a disability. You may or may not be disabled. But, unless your employer is a medical professional, your employer likely lacks the education, training, experience, and knowledge to make that diagnosis.

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