Wisconsin Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Wisconsin Questions & Answers
Q: A neighbor's ten year old kid cut himself on the wire fencing of my chicken coop. Now his parents want me to pay his
William Head's answer
If you have homeowner's insurance, let them deal with this issue. I would not pay, if the boy was not INVITED to be on your property, which it seems he was not. Any fence may have parts that can cut a person's hand. The parents are acting like you set up a snare, or a pit, and injured him. I would not pay, but contact your insurer.
If you have homeowner's insurance, let them deal with this issue. I would not pay, if the boy was not INVITED to be on your property, which it seems he was not. Any fence may have parts that can cut a person's hand. The parents are acting like you set up a snare, or a pit, and injured him. I would not pay, but contact your insurer.
Q: My daughter doesn't have a lot of money. Would anyone take her SSDI case and collect your fees when she wins?
Shari Lynn Vannieuwenhoven's answer
I suggest contacting a local experienced social security attorney. You will find that fees are paid at the end of case if she is awarded benefits. The attorney will get paid directly from social security. The fee is limited to 25% of the past-due benefits up to a maximum of $6,000. The attorney will be paid only out of past-due benefits. Most attorneys offer free consultations. The process of getting awarded benefits is long. I suggest calling an attorney soon. Good luck!
I suggest contacting a local experienced social security attorney. You will find that fees are paid at the end of case if she is awarded benefits. The attorney will get paid directly from social security. The fee is limited to 25% of the past-due benefits up to a maximum of $6,000. The attorney will be paid only out of past-due benefits. Most attorneys offer free consultations. The process of getting awarded benefits is long. I suggest calling an attorney soon. Good luck!
Q: I have bench warrant in 2 counties for missed traffic court dates. Is it possible to resolve this without jail time
1 Answer
| Asked
in
Traffic Tickets, Criminal Law and DUI / DWI
for
Wisconsin
on
Answered on Aug 10, 2017
Answered on Aug 10, 2017
William Head's answer
IT sounds unlikely that you will walk away from two separate bench warrants without visiting a jail.
Call a GREAT traffic offense lawyer, in WI, for a FREE consultation. Here is one, that I can recommend:
Ms. Tracey Wood, 608-284-1200
Tell her William Head from Atlanta referred you.
IT sounds unlikely that you will walk away from two separate bench warrants without visiting a jail.
Call a GREAT traffic offense lawyer, in WI, for a FREE consultation. Here is one, that I can recommend:
Ms. Tracey Wood, 608-284-1200
Tell her William Head from Atlanta referred you.
Q: I've since found out my audio group's online name is trademarked by a theatre company in the UK. I'm in the US (WI).
Michael Gerity's answer
It would appear that the threshold issue here is whether or not they do business under that name in the United States (or whether you do business with yours in the UK). Trademark rights are geographical in nature. While the geographical nature has eroded somewhat due to the international nature of the internet, it still persists. The UK company has the rights to that name in the UK, almost certainly. However, if they have not been offering their theater services in the US under that name,...
It would appear that the threshold issue here is whether or not they do business under that name in the United States (or whether you do business with yours in the UK). Trademark rights are geographical in nature. While the geographical nature has eroded somewhat due to the international nature of the internet, it still persists. The UK company has the rights to that name in the UK, almost certainly. However, if they have not been offering their theater services in the US under that name,...
Q: I inherited my mom's house with my 2 sisters. Can my sisters debtors come after the house?
Andy Wayne Williamson's answer
You need to repost this question under the Wisconsin section as the house is located in that state.
You need to repost this question under the Wisconsin section as the house is located in that state.
Q: I co-signed on a car loan with my fiance. I had to file bankruptcy. Will she lose the car?
James Edward Lewis' answer
Almost certainly no, unless she fails to make the required payments as agreed. So long as she is not in default under the terms of the loan agreement, the lender should refrain from any collection activity against her or the vehicle in question.
Almost certainly no, unless she fails to make the required payments as agreed. So long as she is not in default under the terms of the loan agreement, the lender should refrain from any collection activity against her or the vehicle in question.
Q: I'm worried about retaliation. Do I need to give special notice to my husband before I file for divorce?
Michael Edwards' answer
The only required notice you have to give to your husband is once you actually file the petition for divorce. You begin the process by filling out a summons and petition for divorce. In order to move forward with the divorce, your husband needs to be served with the summons and petition which would then put him on notice of the initiated divorce action. If you are concerned he may act in a way that may put you in danger, you might want to consider filing a motion for a temporary order hearing...
The only required notice you have to give to your husband is once you actually file the petition for divorce. You begin the process by filling out a summons and petition for divorce. In order to move forward with the divorce, your husband needs to be served with the summons and petition which would then put him on notice of the initiated divorce action. If you are concerned he may act in a way that may put you in danger, you might want to consider filing a motion for a temporary order hearing...
Q: In Wisconsin can you get in trouble for dating someone while still legally married.?
Michael Edwards' answer
If I am understanding your question correctly, the answer would be that there is no issue with this. If your in the middle of divorce proceedings, for instance, feel free to date as you please. You will not be able to remarry during the divorce process as well as for a period of 6 months after the day the divorce decree is final. After that 6 month period following the final divorce decree, you will be able to remarry.
If I am understanding your question correctly, the answer would be that there is no issue with this. If your in the middle of divorce proceedings, for instance, feel free to date as you please. You will not be able to remarry during the divorce process as well as for a period of 6 months after the day the divorce decree is final. After that 6 month period following the final divorce decree, you will be able to remarry.
Q: i have been paying for child support and on my days to visit my kids. my ex husband won't let me see them. What do I do?
Michael Edwards' answer
If there is a current court order in place that gives you specific visitation times and he is withholding that placement from you, you need to file an Enforcement of Physical Placement motion with the court of jurisdiction. However, if the court order states your placement as "reasonable times upon reasonable notice," you may have a more difficult time succeeding on that motion. If that is the case, you may want to consider modifying the current order to put something more specific in place. I...
If there is a current court order in place that gives you specific visitation times and he is withholding that placement from you, you need to file an Enforcement of Physical Placement motion with the court of jurisdiction. However, if the court order states your placement as "reasonable times upon reasonable notice," you may have a more difficult time succeeding on that motion. If that is the case, you may want to consider modifying the current order to put something more specific in place. I...
Q: If we want out of accepted offer after inspection, can we just leave the deal? With or without the earnest money? Help!
Vincent Gallo's answer
A thorough examination of your contract of sale should readily be able to provide you with those answers.
A thorough examination of your contract of sale should readily be able to provide you with those answers.
Q: I recently signed an employment contract with the anticipation of full time work. The contract has an effective date
William F Sulton Esq.'s answer
More information is needed to provide meaningful advice. It is often the case that breaching a contract is in one's best interest. If that is true for you, then you should breach the contract. Whether you would win in lawsuit over the breach should be of secondary consideration. I say that because a lot of breaches do not result in a lawsuit. And it is unlikely that the facts, as you have described them, would result in a lawsuit. That being said, it is a defense that your reasonable...
More information is needed to provide meaningful advice. It is often the case that breaching a contract is in one's best interest. If that is true for you, then you should breach the contract. Whether you would win in lawsuit over the breach should be of secondary consideration. I say that because a lot of breaches do not result in a lawsuit. And it is unlikely that the facts, as you have described them, would result in a lawsuit. That being said, it is a defense that your reasonable...
Q: How do I determine which county to file a small claims judgement/garnishment in?
William F Sulton Esq.'s answer
The lawsuit should be filed in the Circuit Court for Waukesha County; that is where the events happened. The rules on service of process are simple. You just need to have someone other than you serve the defendant(s) with authenticated copies of the summons and complaint. The Office of the Sheriff for Milwaukee can do that for you. So can a private process server or someone you know.
The lawsuit should be filed in the Circuit Court for Waukesha County; that is where the events happened. The rules on service of process are simple. You just need to have someone other than you serve the defendant(s) with authenticated copies of the summons and complaint. The Office of the Sheriff for Milwaukee can do that for you. So can a private process server or someone you know.
Q: When to file a civil judgement against someone who confessed property damage to police and is waiting prosecution?
1 Answer
| Asked
in
Civil Litigation and Landlord - Tenant
for
Wisconsin
on
Answered on Jul 28, 2017
Answered on Jul 28, 2017
William F Sulton Esq.'s answer
An order for restitution in a criminal case is an order requiring the criminal defendant to pay restitution to a victim. Usually, if the criminal defendant fails to pay the order is converted to a civil judgment. Filing a small claims action will likely result in a default judgment (because the defendant will take the Fifth Amendment or, more likely, not bother to show up), which is much faster than the criminal court process.
An order for restitution in a criminal case is an order requiring the criminal defendant to pay restitution to a victim. Usually, if the criminal defendant fails to pay the order is converted to a civil judgment. Filing a small claims action will likely result in a default judgment (because the defendant will take the Fifth Amendment or, more likely, not bother to show up), which is much faster than the criminal court process.
Q: Can you still sue a client that signed a contract but did not pay deposit?
William F Sulton Esq.'s answer
You may sue her for breach of contract. Among the relief you request in the lawsuit should be an injunction prohibiting her from publishing your work.
You may sue her for breach of contract. Among the relief you request in the lawsuit should be an injunction prohibiting her from publishing your work.
Q: Is there risk involved with sending the other party my proposed parenting plan before our court date?
Ray Choudhry's answer
Check with a lawyer in WI.
In Illinois, not unusual for parties to exchange proposed plans to try to come to an agreement.
Check with a lawyer in WI.
In Illinois, not unusual for parties to exchange proposed plans to try to come to an agreement.
Q: In Wisconsin is it legal to sign your real estate over to a relative prior to your death?
Daniel J. Krause's answer
You can sign your house over to anyone you like at any time. However, if you do this, it will affect your eligibility for Medicaid for 5 years. If you apply for Medicaid benefits (to pay for Nursing Home care, for instance) within 5 years of gifting your home (or anything else), you will incur a penalty period in which you are ineligible for benefits.
The penalty period is calculated by taking the value of the gift (the home) and dividing it by $7,880.35 and that is the number of months...
You can sign your house over to anyone you like at any time. However, if you do this, it will affect your eligibility for Medicaid for 5 years. If you apply for Medicaid benefits (to pay for Nursing Home care, for instance) within 5 years of gifting your home (or anything else), you will incur a penalty period in which you are ineligible for benefits.
The penalty period is calculated by taking the value of the gift (the home) and dividing it by $7,880.35 and that is the number of months...
Q: My mother-in-law (age 75) would like to pay off her daughter's mortgage ($110K). Loan vs Gift?
Dr Kenneth V Zichi J.D.'s answer
This is FAR too complex a question for anyone to provide real advice in a forum like this. You NEED to consult with a local elder law / estate planning attorney and provide an opportunity to review all documents and discuss ALL of the situation. There are gift tax implications for a no-interest "loan" as well, and in many situations there will be a mechanism to 'pierce' an artifice which will make such attempts ineffective.
Don't be penny wise and pound foolish. Pay a local attorney...
This is FAR too complex a question for anyone to provide real advice in a forum like this. You NEED to consult with a local elder law / estate planning attorney and provide an opportunity to review all documents and discuss ALL of the situation. There are gift tax implications for a no-interest "loan" as well, and in many situations there will be a mechanism to 'pierce' an artifice which will make such attempts ineffective.
Don't be penny wise and pound foolish. Pay a local attorney...
Q: Why would a prosecutor offer a psi for a plea
Stephen Pleck Johnson's answer
A presentence investigation could reveal facts about the defendant that normally would not get before the judge prior to sentencing. It often will increase fairness in the system, but not always. The defendant may have his/her own psi done by the defenses choice. It really gives the judge more insight into the character of the defendant and will probably help craft or modify the sentence. It takes a while to complete and might lengthen the sentencing process. They are often waived now and...
A presentence investigation could reveal facts about the defendant that normally would not get before the judge prior to sentencing. It often will increase fairness in the system, but not always. The defendant may have his/her own psi done by the defenses choice. It really gives the judge more insight into the character of the defendant and will probably help craft or modify the sentence. It takes a while to complete and might lengthen the sentencing process. They are often waived now and...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
