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Wisconsin Small Claims Questions & Answers
1 Answer | Asked in Criminal Law and Small Claims for Wisconsin on
Q: Can someone be arrested for taking my mail without my permission?
Gary Kollin
Gary Kollin answered on Oct 22, 2019

contact the postal inspectors

1 Answer | Asked in Insurance Bad Faith and Small Claims for Wisconsin on
Q: Insurance will only pay me 50% of my damages because the other driver intentionally brake checked me. How is that fair?

The police have received both of our statements where both sides state that he brake checked me intentionally. The insurance knows this and told me that because he intentionally tried to cause an accident they will only pay for half of my damages.

Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

It does seem unfair. You could consult with a Wisconsin attorney. There is no mention of injuries, and I hope you were not injured. But keep in mind that if the claim is purely property damage, an attorney might not be able to handle it on at a typical contingency fee arrangement generally applied... Read more »

1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on
Q: Which WI statute protects home buyers from undisclosed issues in the condition report of their home?

The seller of my home knew of diseased trees (received a bid for multiple thousands of $$) and did not disclose them on the condition report. I'd like to read the exact real estate legislation that I'm protected by.

Jason Anthony Greller
Jason Anthony Greller answered on Jun 3, 2019

Take a look at Section 100.18

100.18  Fraudulent representations.

(1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities,...
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1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on
Q: Am I liable for the repair that I didn't know after close?

I sold a condo a month ago. We remodeled the condo. It is disclosed in the Disclosure. Buyer contacted us and stated that the dryer's vent doesn't vent and cause retention of moisture that cause ceiling damage. When the contractor installed the dryer, the building property manager was in our condo.... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Oct 19, 2018

I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.

The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in your...
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1 Answer | Asked in Small Claims and Landlord - Tenant for Wisconsin on
Q: Renters debt now 10 years old. Am I liable to pay this debt back now? The collector/owner is requesting that I do.

I live in WI. I did not pay balance owed, because they never repaired what was broken when I put in a work request for it, on the condition of major appliances leaking or not operational. I moved from there in 2008 because of the non repaired appliances. I reapplied for this apt. complex in 2018... Read more »

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Aug 21, 2018

Your landlord had 6 years from the date the debt accrued to file a lawsuit or be time barred from pursuing it. This is what the statute of limitations says. Your main options are: 1) refuse to pay the balance because the landlord didn't do anything to collect before the statute of limitations... Read more »

1 Answer | Asked in Small Claims and Collections for Wisconsin on
Q: Judgement paid in full need satisfaction letter. Who do I contact?

Paid judgement in full. Need to file with the courts to purchase a house. Who do I call to get satisfaction of judgement?

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

You should contact the creditor.

1 Answer | Asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
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

Emmanuel Muwonge
Emmanuel Muwonge answered on Mar 16, 2018

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 »

1 Answer | Asked in Consumer Law and Small Claims for Wisconsin on
Q: What do I do If I believe my vehicle was repossessed illegally

My vehicle was recently repossessed, and I didn't receive a notice to cure debt . Now I'm told that I have to pay late fee's ,past due balance of $100, and a $299 fee in order to retrieve my vehicle.

Nathan DeLadurantey
Nathan DeLadurantey answered on Feb 9, 2018

You may have a case for an "illegal repossession" and be entitled to get the vehicle back -- AND return of all the money you paid on the car. Contact a local consumer lawyer that specializes in repossession cases and request a free consultation.

1 Answer | Asked in Car Accidents and Small Claims for Wisconsin on
Q: I borrowed my friends sisters car. While i loaned it I had got into accident she did not have insurance and wants to sue

Can she sue even though she lied about having insurance? She's taking me to small claims for 5000 when the shop her car is at 5old me it's only $900 to fix I even bought her a car till she could get hers back and is also trying to sue for registration fees due parking tickets.

Emmanuel Muwonge
Emmanuel Muwonge answered on Jan 23, 2018

She is suing or can sue for damage to her vehicle. I don't know whether her alleged lying about insurance led you to take the vehicle such that you relied upon representations it was an insured vehicle. That notwithstanding, I don't see the relationship between her lying about insurance coverage... Read more »

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? Or should... 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 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.

2 Answers | Asked in Products Liability and Small Claims for Wisconsin on
Q: How can i sue a company in a small claims court if that company's headquarters is located out of state?

I bought the product at my local Best Buy store. So do I sue the company itself or Best Buy?

Peter N. Munsing
Peter N. Munsing answered on Feb 17, 2017

They have to do business in the state. You may also sue the dealer if it's a product problem. Most states provide for service on an out of state defender in small claims cases by registered mail. Check with the small claims court.

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1 Answer | Asked in Animal / Dog Law, Wrongful Death and Small Claims for Wisconsin on
Q: Roommate put my dogs outside alone and one escaped and got hit by a car. Can I hold her accountable for the vet bill?

My roommate decided to let my dogs out while I was at work. Normally I keep them crated while I am gone. Since my dogs are familiar with her I don't mind that she plays with them from time to time but I never asked as a roommate that she has to let them out daily. Since she has lost both of my dogs... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2016

You could. Not sure you would win as the standard is also if her conduct is reasonable. If it's a fenced in yard, unless they've escaped before it might seem reasonable to let them out and do something in the vicinity.

1 Answer | Asked in Small Claims for Wisconsin on
Q: Define a court of not record
Adam Studnicki
Adam Studnicki answered on Jul 30, 2015

This question is hard to understand.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is...
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