Wisconsin Q&A by Practice Area
Wisconsin Questions & Answers
Q: Is it fraud if an owner of a company advertises merchandise at a certain percentage off, but then tells the sales team
Is it fraud if an owner of a company advertises merchandise at a certain percentage off, but then tells the sales team not to let customers know of these sales?
It could be. It would depend on the state of mind and intent with which it's done. Good luck
Tim Akpinar
Q: Is it a law in WI to sell others property without a real estate license and what can be the outcome if caught?
What is the fine or jail time per occurrence? Is it a felony?
Wis. Stat. 452.17 provides the penalties for selling real estate without a license and reads as follows:
452.17 Penalties.
(1) Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise... Read more »
Q: I was never served the summons and I missed the first court appearance. Can I counter for abuse of process?
I suspected they would file because their attorney's sent me bills to collect, but a summons nor complaint never came. I looked it up on WCCA and saw it today. Summons was filed on 6-17-19. I still haven't received it, but the commissioner adjourned for publication on 7-11-19. Attempted service... Read more »
This is not a securities law question.
Q: Can you separate ownership of house and land with deed and title documents? Is there another process?
Wisconsin lot with home.
In Wisconsin, any permanent structure on the land is included with the deed to the ground beneath it. The only exceptions I know of are mobile homes, where a separate title may be issued for the mobile home by the Department of Safety and Professional Services. It depends on whether the mobile home... Read more »
Q: Roommate and Electric Bill Question
If a roommate is still on the lease and moves out a month early, are they still required to pay for their portion of the electric bill even if they were not living there for that month? The roommate claims that because they were not physically living in the house for that month and not using... Read more »
The departing tenant seems to equate use of the premises and utilities with responsibility for payment but a party's liability is based on their contractual agreement to be bound by the terms of the lease regardless of use. If the lease requires the tenants to be responsible for utilities then all... Read more »
Q: My brother died on July 5th.His landlord started throwing his personal property outside Aug 3rd.neighbor helped move it!
She allowed the neighbor to help and he moved in! There is still his property inside the apartment! She wont let us go in!
Landlord is jumping the gun in terminating the tenancy. See Section 704.165. Disposing of property depends on the lease agreement and whether the landlord gave notice to tenant at the signing of the lease of the intent to dispose of abandoned property. Generally the Landlord should grant next of... Read more »
Q: So I have text messages that will prove that this person was asking people to cash stolen checks. Can I use these text?
My girlfriend is being charged with theft. She supposedly stole a check, she didnt and I have messages from the guy asking me to cash a check. So can I use these in court?
You can’t represent her. Give them to her attorney
Q: How can I be the one in trouble with federal and state?
Police won't do their jobs for theft and Im being treated as if Im the criminal and being threatened. Why won't cops do tbeir jobs?
That is neither a legal excuse nor a moral excuse for breaking the law
Q: Can the State of Wisconsin garnish a persons pension payment? I'm 69, receive SocSec and a small pension from UPS.
As is usually the case when open-ended questions like yours are asked by non-lawyers the answer will be "It depends."
In this case it depends upon the reason for the wage garnishment. If Wisconsin law allows the state to garnish wages in certain cases (like failure to pay court-ordered... Read more »
Q: My father was approved for a mortgage but must pay a credit card filled under bankruptcy as closing costs. Is this legal
I suspect that they want the credit card paid because it's showing an outstanding balance. Your father may want to consider figuring out which credit report is still showing the outstanding balance and file a dispute so the card shows as discharged in bankruptcy. Once the balance is resolved, the... Read more »
Q: How can I obtain forms for filing for grandparent rights in Wisconsin?
I’m not aware of any state fill-in-the-blank forms specific to grandparents visitation cases. You could try using the generic motions to modify custody and placement forms, but a well-seasoned attorney might be your best bet.
Q: Can a WI Realtor force a seller to purchase title ins for new owner? Why can’t new owner purchase their own title ins?
Are the Realtor and/or WI Title Comp supposed to inform seller with details of all closing costs? In my case, my specific closing cost questions weren’t answered.
Your obligation to provide title insurance to the Buyer comes from a standard provision in the Offer to Purchase requiring Seller to provide evidence of title to the Buyer in the form of a title insurance policy. If you were working with a listing agent I agree that it seems reasonable to expect... Read more »
Q: Can I make the village replace my driveway from years of their snowplows turning around on it.
Even after asking them to stop they still kept turning around on my driveway. I waited as long as I could, and now it's destroyed. I want to know my rights before I go and meet with them.
You may be able to seek a remedy if you are able to prove that the damage was caused almost entirely from the plows and no other use or condition. That seems like a pretty high burden of proof.
Q: As a child then, I could do nothing. What can I do now to get out of these people's control?
Move
Q: A family member living as a guest proclaimed she was going to stay a until invicted.
(evicted sorry didn't get much sleep to this drama) , but then she moved out all her stuff but a bed later that day and returned her key. Is she legally moved out? She never paid rent, no lease agreement or anything. Can I change the locks? she has invited numerous suspicious people into the home,... Read more »
Sounds like the family member was a tenant at will - which is a tenancy that may be created by a party in possession of the property even if they don't pay rent. But it also sounds like the tenant terminated the tenancy when she moved out the property, turned in the keys and surrendered possession... Read more »
Q: My landlord passed on the 3rd and her daughter want the house told us we have thirty days to move out I need advice
If you have a written lease for a term you may certainly stay through the term of the lease. If you are on a month to month lease, then the landlord may terminate the tenancy with 28 days of notice before the start of the next rental period. So if your month to month tenancy starts on the first of... Read more »
Q: I'm charged with dis orderly conduct and obstruction of Justice but I did not committ either
Short version cops called for noise complaint was not our home after sever times calling wife lier I stepped in told him was not us I was on couch talking to son no music here he became extremely upset when I attempted to close screen door he than ripped off my door I called 911 asked for police... Read more »
Sounds like you should retain counsel.
Q: I got a speeding ticket 2 years ago. Can the courthouse/city hall look up what vehicle i got pull over in? Fine is paid.
Yes. The clerk of the court will have the file and the contents of the can reveal details such as what vehicle was driven and when.
Q: I live in Belgium and after a few months I will file my file to obtain Belgian nationality. I would like to live in USA
thanks
There are different immigration options through which an individual can apply to live in the United States. From the information you provided, It cannot be determined if any of the options would be applicable to you.
I would suggest speaking with an immigration attorney, explain the... Read more »
Q: Good Evening, I was inquiring about possible help from a pro bono Lawyer.
My name is Jamal Gill and I currently reside in Jacksonville, FL. I am unemployed and desperately seeking help to possibly seal/expunge my record. I haven't been able to gain employment mostly due to my background. I have been working as a Customer service agent for 10+ years in Wisconsin, but here... Read more »
You really need to speak with a criminal attorney in private, and the manner in which your post was written suggested you might have been under the impression that you were dealing with a law firm. This is a public forum and it is important for you to be aware of that sooner than later.
A... Read more »
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