Wisconsin Civil Litigation Questions & Answers
Q: We recently were going to purchase my recently passed dads home. We had it all set and 5 days before closing my
Husband changed his mind. Now the estates lawyer is coming after my husband for breach of contract. Can he do that ? Or force us to purchase
Assuming that you have no contingencies remaining in the offer that you could exercise in good faith, then a failure to close on the part of the Buyer is a default. Assuming this is a standard WI WB-11 Offer to Purchase form, if Buyer defaults, Seller may:
(1) sue for specific performance... Read more »
Q: Providing false info on a small claims summons.
If person A files a summons for small claims on person B. And person A provides false of incorrect information on the summons. What actions can be taken against person A?
Thank you
As a general matter, if the information is material (and not some minor and inconsequential fact or detail), it could possibly result in dismissal of the action. How it is treated by the court could be determined by the mental state of the person providing the information, in that if it is done... Read more »
Q: Bank account Garnishment while on Public Assistance
I was sued by a creditor for about $4500 and i am currently and have been on Wi Badgercare and Wi Foodshare(Food Stamps). I am unemployed and have a relative giving me $800 a month($630 is rent, the rest is to live off per month) and my roommate gives me his portion of the rent each month(also... Read more »
At least 25% of the monthly amount because none of it is exempt.....
Q: How do I get a satisfaction letter from a plaintiff that is no longer in business???
Small Claims case from 2001 - Claim was reopened in 2010 and filed only. Talked to other party on claim and he was garnished his full amount. According to clerk of courts, we need a satisfaction letter from the plaintiff, but the plaintiff is no longer in business and unable to contact. How do I... Read more »
You're going to need to file a motion with the court. You will need to explain (and show) how the plaintiff is no longer in business and that the judgment should be listed as satisfied. You may want to retain a lawyer to help you, as you are going to need to file a number of different documents... Read more »
Q: i have a company i hired to paint my home and garage. There is a lot to it, but the gist is they did not complete
im not sure what kind of lawyer i need to find
You need a lawyer that will file a lawsuit in small claims or regular civil court.
Q: Can a monetary tort claim be amended even if I've filed my lawsuit already and I discovered new evidence to ask for more
Put a monetary amount in my tort claim while in prison. Got out hired a lawyer and filed lawsuit and now realizing I need to ask for more money because I didn't no my limitations of my injuries while in jail. Once out its a lot I can't do. Can't drive can't work need full time personal care worker... Read more »
In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in... Read more »
Q: My stepfather died I hv power of attorney. Want to sell his van but has lean on it frm quick title loan. Do we hv to pay
This is in state of wisconsin. Need to sell van. But can not get clean title to van do we need to pay this off first. Or was this his debt?
The loan was your stepfather's debt, which must be paid using your stepfather's assets (i.e. the van). Since your stepfather passed away, your power of attorney is no longer valid. You probably need to file a probate and obtain Domiciliary Letters to deal with the Quick Title loan.
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
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... Read more »
Q: seeking counsel prior to fighting tickets and also pressing charges on a civilian for damages
there are so many different areas involved i dont know what to do. someone used me not too long ago and i got myself into a situation with traffic tickets and child restraint.... its gone into harasment, threats (veiled and transphopic). this person used my mental health shortcomings against me and... Read more »
I am sorry that you are going through what appears to be a very challenging period in your life. That said, I am also sorry that I cannot figure out what it is you really are trying to communicate and what the best approach would be in providing you with the counsel you need. That notwithstanding,... Read more »
Q: How long can a person hold a claim open on you from an auto accident?
My son was driving my daughters truck. hit a pedestrian. My daughters truck was under my husband and my auto insurance. My son had his own auto insurance. This accident happened 11/29/2015. My sons auto insurance paid out the policy limits but the party that was hurt refuses to sign off my son. I... Read more »
Thank you for your question. Except in cases of medical malpractice or wrongful death, a minor has two years from the date of his or her 18th birthday to file suit. If however, the victim was an adult, the statute of limitations is 3 years from the date of the accident or from the time s/he could... Read more »
Q: Hotel liability
Hello. I’m from Houston, TX and I just bought a car in Milwaukee, Wisconsin. While I was spending the night in a motel, my brand new car was damaged by the hotels shuttle bus driver.
The damage was underneath the driver's side rear bumper and I didn’t notice it until later on.... Read more »
You should the hotel for the name of its insurance company. You can then contact the insurer and make a claim.
Q: How do I determine which county to file a small claims judgement/garnishment in?
The defendant lives and works in Milwaukee County, but the claim event occurred in Waukesha County.
I know that the sheriff's department can't cross county lines to serve them, but is it possible to file the claim in Waukesha county, and then have a Milwaukee sheriff serve them? Or should... Read more »
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... Read more »
Q: When to file a civil judgement against someone who confessed property damage to police and is waiting prosecution?
Before vacating, our tenant broke off the inside copper pipe for our central air unit, destroying the unit. We filed a police report and he confessed to them and is waiting to be assigned to a DA. Is it better to file a civil suit now and try to get his wages garnished, or wait until after he's... Read more »
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... Read more »
Q: I was served for a civil suit down in Raleigh, NC. I live in Wisconsin, can I obtain legal services here?
What type of lawyer would best handle my defense in a civil suit? I'm being accused of altering and destroying an original will and committing fraud involving an insurance claim that I'm not in any form listed as a beneficiary. The father of my children was listed as the sole heir. We being sued by... Read more »
You need a lawyer that specializes in litigation.
Q: We have just bought a home in Baraboo. The contract stated the sellers would have the house professionally cleaned.
At the pre-closing walk-through, it was obvious the cleaning had not occurred. Our realtor contacted the owners and the reply to our realtor via text messsage was "This certainly isn't personal but we aren't doing one more thing and are seriously considering talking to a lawyer about the appraisal... Read more »
The short answer is yes. You can file a lawsuit to recover the cost of the cleaning. You should consider small claims court.
Q: my friend has a restraining order against her ex-boyfriend. she violated the order when he contacted her.
they have a child together and he keeps threatening to take her to court if she doesn't do what he says. is there anything that she can do?
Your question is unclear. It sounds like a woman has a restraining order against a man. The restraining order prohibits the man from contacting the woman. The restraining order does not, however, prohibit the woman from contacting the man. As such, it follows that the man cannot "take her to court"... Read more »
Q: If a Large civil suit was filed while a small claim with similar claims in part was being heard
and the small claim was dismissed with prejudice then will that cause a loss of claims in the large case and attorney fund award for the large case
If the small claims case was dismissed with prejudice, the large claims case is likely frivolous.
Q: Verbal agreement with a coworker: I would pay $75 per month to be on his data plan. Can he sue me for overage fees?
I never agreed to pay for anything other than $75 per month. He complained about overage fees a couple of times but I never agreed to pay extra. Earlier this month he asked me to pay off the remaining amount due for my phone ($271) and get off his plan and on my own. We mutually agreed to do this... Read more »
You should not be worried. The coworker could have avoided the overage fees by switching to plan that allowed for more data. You could also argue that the coworker caused the overages and breached the agreement by revoking your access.
Q: Where do I find jurisdictional rules for civil court less than $5000 case.
Party is trying to dismiss case because they say the contract states that jurisdiction will be in their county (Outagamie County)
Everything occurred in Brown County. Business is located in Outagamie County. All work is in Brown County - What statues cover jurisdictional issues for Civil... Read more »
Section 799 of the Wisconsin Statutes governs small claims actions. This is a link to that section: https://docs.legis.wisconsin.gov/statutes/statutes/799.
Q: Can a County Court in one State, vacate the void judgment in a County Court of another State?
Example: Can the Kenosha County Circuit Court in Kenosha, Wisconsin vacate the void judgment of the Cook County Circuit Court in Chicago, IL?
The short answer is no. But the court could refuse to enforce the void judgment.
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