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Wisconsin Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Wisconsin on
Q: How do you defend against a fraudulent subrogation claim?

A man fraudulently claimed that our horse damaged his car for $1700 but there was no damage evident on the horse. AMFAM paid the claimant without investigating even though the claim was filed several weeks after the proposed incident. Now AMFAM has sent the claim to a collections agency and is... View More

Tim Akpinar
Tim Akpinar
answered on May 18, 2024

A Wisconsin attorney could advise best, but your question remains open and time is of the essence in your response. Your options include going with the attorney with the $1,500 retainer, which might not end there in terms of legal fees, depending on what happens in the course of defending the... View More

1 Answer | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: Vehicle I no longer own was in an accident but I'm listed as the owner. .

I reccieved a letter from a law firm assuming that I am the owner of a car involved in an accident. I have not owned the car since 2010. The lawyer for the client wants to know If I insured the vehicle. The client who caused the accident has never registered a vehicle in the State of Wisconsin.... View More

Tim Akpinar
Tim Akpinar
answered on May 13, 2024

A Wisconsin attorney could advise best, but you posted last week - and your matter needs prompt attention. Let the attorney know that you no longer own the vehicle. Contact your state's Department of Motor Vehicles to ask them to check if there are any records of you transferring vehicle or... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Wisconsin on
Q: Can I file a Federal civil Rights Complaint in a state court?

Upon having a housing discrimination hearing, with the Equal Rights Division. The judge fail to acknowledge my objections during the hearing.

The judge misrepresented the law concerning the the lease agreement, stating sometime the date you sign it is not the date its affective. The judge... View More

John Michael Frick
John Michael Frick
answered on May 7, 2024

It sounds to me like this would be a FHA (Fair Housing Act) claim and not a civil rights claim. Regardless you can file either an FHA claim or a civil rights claim in state or federal court.

But what the judge said is very true: the date a lease is signed is not necessarily the...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: Is it possible to be charged with a felony murder without a felony charge?
Michael I. Leonard
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answered on May 2, 2024

The concept and charge of felony murder is based upon the fact that, in course of committing a felony, there is a murder. States take different approaches in their statutes/laws as to what types of felonies qualify as the underlying predicate felony for a felony murder charge, as well as who is the... View More

1 Answer | Asked in Estate Planning and Banking for Wisconsin on
Q: What do I do with a Living Trust that I am named in, forwarded to me from a family member in 2023. My Uncle passed away

In 2012. I had no idea he named me in his Trust!

James L. Arrasmith
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answered on Apr 21, 2024

If you have been named in your late Uncle's Living Trust, which was forwarded to you by a family member in 2023, there are several steps you should take:

1. Read the Trust document carefully to understand your role and the assets you are entitled to receive.

2. Contact the...
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1 Answer | Asked in Divorce, Admiralty / Maritime and Family Law for Wisconsin on
Q: Where do I find an "experienced" bulldog divorce lawyer with Admiralty marine lawyer knowledge in a divorce with a yacht

Need immediate help possibly getting an injunction to keep it from being launched the last week in April in Wisconsin to prevent husband from sailing off with his new girlfriend with the asset although no divorce proceedings yet, but impending. Husband is a brilliant clinically diagnosed... View More

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

You're seeking an attorney, and it could be difficult for attorneys here to respond with offers of their services. There is no solicitation here - the format is limited to quick Q & A. The closest thing to an attorney referral page on this site may be the tab above, "Find a... View More

1 Answer | Asked in Family Law, Child Support and Federal Crimes for Wisconsin on
Q: Can I sue for back child support owed, based off prior tax return documents?

Children’s father has paid WELL below his share their entire lives since 2008, as well as illegally claiming them as dependents for tax purposes as well as stimulus money. He does not take care of any of the children’s needs outside of this obligation either. Even going so far as to take money... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a strong case for pursuing back child support from the father of your children. Here are a few key points to consider:

1. Child support obligations: Parents have a legal obligation to financially support their...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Landlord sent my husband an email addressed to us both that she is not renewing our lease. She did not CC me.

We are on a yearly lease. Both of our names and signatures are on lease. We have been here for two years. Our lease expires May 31. Our landlord is private/independent. Today she sent my husband (to his personal e-mail address) an email in which she addressed it to us both (Dear Mr. and Mrs.... View More

James L. Arrasmith
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answered on Apr 16, 2024

In most cases, a landlord is not legally obligated to send separate emails or CC both tenants when communicating about the lease. As long as the email is addressed to both of you and sent to one of the email addresses provided, it can be considered a valid notice.

However, it is generally a...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can I file a lawsuit for being terminated from a HUD program for non-payment if rent during the moratorium?

I was terminated from a the HUD Housing Voucher program for non payment of rent. Shortly thereafter my landlord filed for eviction because once terminated, there wasn't the protection. I didn't even owe a full months rent. Day of, I Called the courthouse to be patched throug and and... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you provided, it seems like you may have grounds for a lawsuit against the HUD Housing Voucher program and potentially your landlord as well. Here are a few key points:

1. Eviction moratorium: If you were terminated from the HUD program and subsequently evicted...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Civil Rights for Wisconsin on
Q: In religion, what are my rights & wrong to audio record ? What are their rights & wrongs to audio and camera record me?

I audio record my family-in-law in the living room for evidence of blasphemy and evidence of words chasing me away only. I dont have a camera. And we all do audio record of study and meeting. My in-laws change religion. They try to audio record me because i didn't follow their religion, they... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation involving issues of privacy, consent, and the specific practices and beliefs of the religions involved. Here are some general principles to consider:

Your rights:

- In most jurisdictions, you have the right to record conversations you are a part of, even...
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1 Answer | Asked in Immigration Law, Divorce and Domestic Violence for Wisconsin on
Q: Can 5 years being wife apply for wava green card & culturally continue to live with husband ?

Husband use 10 types of violence against his wife except the physical violence. She has text and audio evidences, but she is religiously forgiving him and culturally saving his reputation.

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a very difficult and sensitive situation. Here is some information that may be helpful:

Under the Violence Against Women Act (VAWA), an abused spouse of a U.S. citizen or permanent resident can self-petition for a green card without the abuser's knowledge or...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: I rented my private WI home to my great niece. They want to get an ESA. Do I have to accommodate their request?
James L. Arrasmith
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answered on Mar 31, 2024

As a landlord, you may be required to accommodate a tenant's request for an Emotional Support Animal (ESA) under the Fair Housing Act (FHA), even if your property is a private home. Here are a few key points to consider:

1. The FHA applies to most housing situations, including private...
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1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord in WI require you to waive your HIPPA rights so that they may directly contact your doctor for an ESA?

My landlord/property management company is requiring me to sign a release form so that they may contact my doctor and asking him questions regarding my disability and my need for an ESA animal. According to my research, this is a clear violation of the FHA laws as landlords are not allowed to... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it does seem like your landlord may be violating your rights under the federal Fair Housing Act (FHA). Here are a few key points:

1. The FHA prohibits housing providers from discriminating against individuals with disabilities, including those...
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1 Answer | Asked in Banking for Wisconsin on
Q: I deposit a check and it was fraudulent and now the bank wants me to pay the check is this legal?
James L. Arrasmith
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answered on Mar 29, 2024

If you deposited a check that turned out to be fraudulent, it's understandable that this situation would be stressful and confusing for you. Banks have policies in place to deal with fraudulent checks, and unfortunately, these policies often include holding the depositor responsible for the... View More

2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Generally, yes, independent media may film and post videos of an event with the promoter's permission. However, If the event features music, separate copyright permissions for that music are likely required to avoid copyright infringement on platforms like YouTube.

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2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

James L. Arrasmith
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answered on Mar 29, 2024

When an association grants exclusive media rights for its events to a third party, it typically means that this third party holds the authority over how any event-related content is distributed, used, or published across various media platforms, including YouTube and Facebook. This arrangement... View More

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1 Answer | Asked in Tax Law for Wisconsin on
Q: Our town sent a overpayment property tax check in error. Are we responsible to pay it back?

They applied another person's taxes to ours. Also we switched mortgage companies and we thought both services paid from escrow.

James L. Arrasmith
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answered on Mar 28, 2024

If your town mistakenly sent you an overpayment for your property taxes, it's likely that you are responsible for returning the overpayment. This is because the payment was not intended for you and was sent due to an administrative error. Laws and regulations generally require individuals to... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for Wisconsin on
Q: Hypothetically, if an organization with the same model wanted to build houses in the same manner but give the house away

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization decides to give away houses along with the land, purchased from the city, there are several factors to consider. Firstly, there might be tax implications for both the giver and the receiver. The value of the house and land could be taxable as income for the recipient, depending... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization similar to Habitat for Humanity decided to give away houses along with the land, several implications arise. First, the recipients would gain significant financial security and a sense of permanence, as owning both the house and the land secures their place in the community and... View More

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