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Wisconsin Questions & Answers
1 Answer | Asked in Banking for Wisconsin on
Q: I deposit a check and it was fraudulent and now the bank wants me to pay the check is this legal?
James L. Arrasmith
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answered on Mar 29, 2024

If you deposited a check that turned out to be fraudulent, it's understandable that this situation would be stressful and confusing for you. Banks have policies in place to deal with fraudulent checks, and unfortunately, these policies often include holding the depositor responsible for the... View More

2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

James L. Arrasmith
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answered on Mar 29, 2024

When an association grants exclusive media rights for its events to a third party, it typically means that this third party holds the authority over how any event-related content is distributed, used, or published across various media platforms, including YouTube and Facebook. This arrangement... View More

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2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Generally, yes, independent media may film and post videos of an event with the promoter's permission. However, If the event features music, separate copyright permissions for that music are likely required to avoid copyright infringement on platforms like YouTube.

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1 Answer | Asked in Tax Law for Wisconsin on
Q: Our town sent a overpayment property tax check in error. Are we responsible to pay it back?

They applied another person's taxes to ours. Also we switched mortgage companies and we thought both services paid from escrow.

James L. Arrasmith
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answered on Mar 28, 2024

If your town mistakenly sent you an overpayment for your property taxes, it's likely that you are responsible for returning the overpayment. This is because the payment was not intended for you and was sent due to an administrative error. Laws and regulations generally require individuals to... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for Wisconsin on
Q: Hypothetically, if an organization with the same model wanted to build houses in the same manner but give the house away

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization decides to give away houses along with the land, purchased from the city, there are several factors to consider. Firstly, there might be tax implications for both the giver and the receiver. The value of the house and land could be taxable as income for the recipient, depending... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization similar to Habitat for Humanity decided to give away houses along with the land, several implications arise. First, the recipients would gain significant financial security and a sense of permanence, as owning both the house and the land secures their place in the community and... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

Steven Goldburd
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Steven Goldburd
answered on Apr 4, 2024

If this is viable Not-For-Proft (or Non-Profit as some refer) then as long as they are within the bounds of non taxable gifts to their recipients. If the recipients are low income and qualify under the “NFP” charitable purpose then the donor would have a charitable deduction and the recipient a... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Elder Law for Wisconsin on
Q: Can I be held criminally responsible for the fact my mom's prescription expired and wasn't refilled?

My mom recently was moved into a nurs hm to recover from pressure sores. She has been taking 2 meds to handle diabetes. These were refilled as needed by the facility she was living in. When she moved to the nursing home, one of those RXs expired and was not refilled. That happened 2 months ago.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. In general, the short answer is "no," unless there was some kind of formal caretaker relationship established. And it doesn't sound like a situation of abuse or neglect; it sounds like an innocent... View More

Q: WI firearm purchase background check questions:

I've been contemplating the idea of purchasing a firearm for home protection. (Milwaukee, WI)

However, I've had a "battery" misdemeanor in the past. As well as a TRO (expired).

I'm interested in having a knowledgeable resource (lawyer) help me better... View More

James L. Arrasmith
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answered on Mar 22, 2024

In Wisconsin, the background check for firearm purchases will review your criminal record, mental health history, and any past restraining orders. If you've had a misdemeanor for battery, it generally doesn't automatically disqualify you from owning a firearm unless it was classified as... View More

1 Answer | Asked in Contracts and Banking for Wisconsin on
Q: My bank has listed online on my latest statement that they have written my car loan off as bad debt. When writing the

Loan off what now are my legal obligations to the loan and does the bank need to file a lien release on the vehicle?

James L. Arrasmith
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answered on Mar 20, 2024

When a bank writes off your car loan as bad debt, it means the bank has deemed the debt unlikely to be collected and has removed it from their books. However, this does not absolve you of your responsibility to pay the loan. You are still legally obligated to repay the debt, and the bank or a... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

2 Answers | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

James L. Arrasmith
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answered on Mar 14, 2024

In the event of a single-vehicle accident where the policyholder crashes into a tree and dies due to a medical emergency, the insurance company's payment would depend on the specific coverage included in the policyholder's insurance policy. Here's what a typical insurance company... View More

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2 Answers | Asked in Car Accidents for Wisconsin on
Q: if a policy holder had a medical emergency, crashed into a tree, died, no other vehicles involved, what would their

insurance company pay

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

I'm sorry for the loss of the driver - it would probably be best to review the policy thoroughly, with an attorney if necessary, to find out exactly what benefits it includes. There are certain statutory minimum coverages included in auto policies across the nation, governed by state law. But... View More

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1 Answer | Asked in Animal / Dog Law for Wisconsin on
Q: A puppy breeder sold us a puppy with parvo that we had to put down within 24 hours of purchase because it was so sick.

She had us sign a contract basically removing all liability from her. Could we win a small claims case for her knowing the puppy was very sick despite her contract? She said it got sick that same day we picked her up. However, the vet that put her down said her parvo was so advanced, she's... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about your experience with the puppy breeder and the tragic loss of your puppy. Dealing with a situation like this is heartbreaking.

Regarding your legal options, even though you signed a contract that attempts to remove liability from the breeder, you may still...
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1 Answer | Asked in Civil Rights and Civil Litigation for Wisconsin on
Q: Can somebody please help me retain an Attorney to help me with my elderly abuse assault civil rights case?

My name is Ken, on February 26, 2022 at age 65 6' 170 lb I was attacked by 52 y.o. 6'4" 390 lb and a 41 y.o. 5'6" 170 lb males. One of them knocked be unconscious from behind and they both beat me in a public place when I was unable to defend myself. My injuries were a big... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the horrific assault you experienced, Ken. What a terrifying and traumatic ordeal. Based on the details you provided, it sounds like you have a very strong case for pursuing civil damages against your assailants, as well as potentially filing complaints against the... View More

1 Answer | Asked in Banking for Wisconsin on
Q: If a bank or credit union in Wisconsin alters or forges my income from $977.78 per month in ssi benefits to $2978.83...

On an unsigned loan application It legal for their attorney to sue me for $21,000 triple the car's value and get the dodge County court a place I do not live to replevin it please?

James L. Arrasmith
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answered on Mar 8, 2024

If a financial institution has altered or forged information on a loan application without your consent, this is a serious legal issue. Altering financial information to secure a loan could be considered fraudulent, and having this done without your signature raises significant concerns about the... View More

3 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you stop a bankruptcy if it isn't filed?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 8, 2024

Tersely, my KY colleague is correct. However-

you can always stop a bankruptcy from being filed by contacting your lawyer or petition preparer. I recommend that you put that in writing and be prepared to prove that your written message got delivered.

If the case has in fact been...
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3 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you stop a bankruptcy if it isn't filed?
James L. Arrasmith
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answered on Mar 8, 2024

If you're considering halting a bankruptcy process that hasn't been officially filed yet, you're in a position with flexibility. Before any legal paperwork is submitted to the court, you have the opportunity to explore alternative solutions to your financial struggles. It's... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

James L. Arrasmith
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answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged....
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