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Wisconsin Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law and Personal Injury for Wisconsin on
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 »

William F Sulton Esq.
William F Sulton Esq. answered on Sep 6, 2017

You should the hotel for the name of its insurance company. You can then contact the insurer and make a claim.

1 Answer | Asked in Civil Litigation and Small Claims for Wisconsin on
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?... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 31, 2017

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 »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Wisconsin on
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... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 28, 2017

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 »

1 Answer | Asked in Civil Litigation, White Collar Crime and Probate for Wisconsin on
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... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jul 5, 2017

You need a lawyer that specializes in litigation.

1 Answer | Asked in Civil Litigation and Real Estate Law for Wisconsin on
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... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Jun 15, 2017

The short answer is yes. You can file a lawsuit to recover the cost of the cleaning. You should consider small claims court.

1 Answer | Asked in Civil Litigation and Domestic Violence for Wisconsin on
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?

William F Sulton Esq.
William F Sulton Esq. answered on May 15, 2017

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... Read more »

1 Answer | Asked in Civil Litigation for Wisconsin on
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

William F Sulton Esq.
William F Sulton Esq. answered on Apr 24, 2017

If the small claims case was dismissed with prejudice, the large claims case is likely frivolous.

1 Answer | Asked in Civil Litigation and Small Claims for Wisconsin on
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 »

William F Sulton Esq.
William F Sulton Esq. answered on Apr 24, 2017

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.

1 Answer | Asked in Contracts and Civil Litigation for Wisconsin on
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 Court?

William F Sulton Esq.
William F Sulton Esq. answered on Apr 24, 2017

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.

1 Answer | Asked in Civil Litigation and Constitutional Law for Wisconsin on
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?

William F Sulton Esq.
William F Sulton Esq. answered on Apr 24, 2017

The short answer is no. But the court could refuse to enforce the void judgment.

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