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Wisconsin Questions & Answers
1 Answer | Asked in Criminal Law for Wisconsin on
Q: Can a coworker record you with out consent at work on private property were phones are not prohibited
Gary Kollin
Gary Kollin answered on Sep 6, 2019

Wisconsin is a “one party” wiretap state. It is not necessarily illegal to wiretap or record someone, without their knowledge or consent. Whether that recording can come into evidence is a different issue.

2 Answers | Asked in Real Estate Law and Products Liability for Wisconsin on
Q: I own a house in Oconto County, WI. I want to add my fiance to the deed. He has bad credit. Ramifications?

Can a lien be placed on my property because of his bad debt? He is not on the mortgage.

Vincent Gallo
Vincent Gallo answered on Sep 3, 2019

If he has bad credit, that could effectively "infect" your ownership of the house, to a point where someone who has a judgment as against him, could effectively execute on the judgment and force the sale of the house. So think about this carefully first. Also, once he is added to the Deed, he's... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Wisconsin on
Q: Can my current property management company hold me in a year lease when I don’t have an actual signed lease with them?

I signed a lease with company A that random February 2018 to January 31st 2019. The lease has an automatic renewal clause that stated it automatically renewed for 1 year but they would sent out a noticing giving provisions for lease renewal. Company A was sold to company B in November 2018 and a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 29, 2019

When Company B acquired Company A your lease was also acquired and transferred to Company B whether you were told or not. so, regarding the issue of you breaking the lease and leaving early, you lose. Written contracts are written for a reason. And they are not easy to get out of.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My father owns land in Puerto Rico penulas. He has the deed I believe and wants to pass the land to myself and child.

Can he write a will to do so or would we need to transfer the deed?

Thomas B. Burton
Thomas B. Burton answered on Aug 29, 2019

Is your father currently living in Wisconsin or in Puerto Rico? If he is living in Wisconsin, he can execute a Will that leaves the land to you at death. However, upon his death, this will require you to open two probates, one in Wisconsin for his Wisconsin property and a probate action in Puerto... Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Is it legal for my landlord to be forcing us to pay two different utility companies? We were only told about electric

When my fiancé and I moved into our apartment in October we were told we only had to pay electric. Fast forward to December and we get another utility company bill demanding we pay for sewer, gas (I have a boiler in my basement), and water. We were never told about it and now we are getting... Read more »

Jason Anthony Greller
Jason Anthony Greller answered on Aug 28, 2019

Landlord-tenant relations in Wisconsin are regulated by Wis. Stat. ch. 704, and Wis. Adm. Code ch. ATCP 134.

Utility charges (ATCP 134.04(3))

Landlords often require tenants to pay the utility

charges separate from the rent. Before deciding

to rent a specific unit,...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Lemon Law for Wisconsin on
Q: Is it fraud if an owner of a company advertises merchandise at a certain percentage off, but then tells the sales team n

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?

Tim Akpinar
Tim Akpinar answered on Aug 28, 2019

It's possible. It depends on the state of mind with which it's done.

Tim Akpinar

1 Answer | Asked in Consumer Law for Wisconsin on
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?

Tim Akpinar
Tim Akpinar answered on Aug 22, 2019

It could be. It would depend on the state of mind and intent with which it's done. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Wisconsin on
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?

Thomas B. Burton
Thomas B. Burton answered on Aug 21, 2019

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...
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1 Answer | Asked in Consumer Law, Personal Injury, Antitrust and Securities Law for Wisconsin on
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 »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2019

This is not a securities law question.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Can you separate ownership of house and land with deed and title documents? Is there another process?

Wisconsin lot with home.

Thomas B. Burton
Thomas B. Burton answered on Aug 14, 2019

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 »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
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 »

Jason Anthony Greller
Jason Anthony Greller answered on Aug 10, 2019

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 »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
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!

Jason Anthony Greller
Jason Anthony Greller answered on Aug 7, 2019

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 »

1 Answer | Asked in Criminal Law for Wisconsin on
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?

Gary Kollin
Gary Kollin answered on Jul 27, 2019

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?

Gary Kollin
Gary Kollin answered on Jul 24, 2019

That is neither a legal excuse nor a moral excuse for breaking the law

1 Answer | Asked in Tax Law, Collections and Elder Law for Wisconsin on
Q: Can the State of Wisconsin garnish a persons pension payment? I'm 69, receive SocSec and a small pension from UPS.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 24, 2019

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 »

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: My father was approved for a mortgage but must pay a credit card filled under bankruptcy as closing costs. Is this legal
Clark Dray
Clark Dray answered on Jul 18, 2019

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 »

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1 Answer | Asked in Family Law for Wisconsin on
Q: How can I obtain forms for filing for grandparent rights in Wisconsin?
David N. Iancu
David N. Iancu answered on Jul 14, 2019

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.

2 Answers | Asked in Real Estate Law for Wisconsin on
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.

Jason Anthony Greller
Jason Anthony Greller answered on Jul 10, 2019

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 »

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1 Answer | Asked in Real Estate Law and Municipal Law for Wisconsin on
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.

Jason Anthony Greller
Jason Anthony Greller answered on Jul 9, 2019

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.

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