Conciliation court is also known as small claims court. This court is reserved for claims of $10,000.00 or less for money or property, $4,000.00 for consumer credit transactions, or $15,000.00 for money or personal property subject to forfeiture. You may adjust your claim amount to meet the requirements; however, you cannot later file a claim for the additional amount if the claim involves the same events. [Read more…]
Wisconsin Small Claims Court
In Wisconsin, small claims actions are limited to $10,000.00 or less for a money judgment based on a breach of contract claim. Third-party complaints, personal injury claims, and actions based in tort are limited to $5,000.00 or less. If your claim exceeds this amount, you will need to file in Circuit court. You may adjust your claim amount to meet the requirements; however, you cannot later file a claim for the additional amount if the claim involves the same events. Eviction actions are also heard in small claims court. [Read more…]
Suing the State: Very Early Notice Required to Preserve Claim
Historically, it was the law that no one could sue the King or his men. This ancient principle evolved to a rule where state governments—including counties, cities, and state employees acting in their official capacity—had immunity from lawsuits. Over time, this absolute protection has decayed. However, the doctrine of government immunity still survives in a number of ways. For example, judges cannot be sued for acting in their judicial capacity. [Read more…]
Joint Bank Accounts: Fair Game for Garnishment
Joint bank accounts offer a convenient way for couples to budget, pay shared bills, and ensure easy access to the assets of the account, in the event of one person’s death. A joint account can also offer an exciting opportunity to solidify trust in a relationship. This excitement can quickly turn into a nightmare, however, when a judgment creditor has the account frozen due to one person’s debt. [Read more…]
WFJ & ASA Successful in Bringing Case Before MN Supreme Court
Robert Judd and Matthew Resch of Wagner, Falconer, & Judd, Ltd., together with the American Subcontractor’s Association’s general counsel Eric B. Travers of Columbus, Ohio, were successful in convincing the Minnesota Supreme Court to take up Safety Signs, LLC v. Westfield Insurance Co., Case Number A12-0370 (Sept. 17, 2012), and to help clarify the law on what constitutes proper notice under the Minnesota Payment Bond Statute. [Read more…]
Minor Child Settlement Proceedings and Structured Settlements: Important steps to resolving a child’s injury claim and protecting their future well-being
Your child did nothing wrong. One day your son was walking on a sidewalk. The driver of a car drove onto the sidewalk striking your child and causing a broken leg and concussion. Your first concern is your child’s well being, but once your son is discharged, paying the medical bills and covering your expenses while you are home caring for him are real issues. Fortunately, you found a good attorney and have received a settlement offer from the driver’s insurance company. But now you learn that a judge has to approve the settlement and has the right to say “no” on behalf of your son. Why is this procedure necessary? [Read more…]
Death, Taxes, and Dog Bites: What You Should Know About Dog Bites
There is a classic scene in one of the Pink Panther movies with Inspector Clouseau where he enters a shop and sees a little dog. He asks the shop owner if his dog bites. The shop owner says “no.” Inspector Clouseau promptly bends over to give the little dog a pat and, voila, the dog bites him. Inspector Clouseau looks angrily at the shop owner and exclaims, “I thought you said your dog doesn’t bite!” [Read more…]
Have You Used a Drug or Medical Device That has Been Recalled?
The FDA has forced manufactures to recall certain drugs or medical devices that have proven unsafe and to have harmful side effects to those who use them. Currently, there are recalls on the following drugs and devices which you may have used. Wagner, Falconer & Judd can assist you if you believe you have suffered an injury or illness due to the following recalled drugs and medical devices. [Read more…]
Motor Vehicle Accidents: Do You Have a Liability Claim?
A liability claim is the claim made against another person who is responsible for the accident that caused your injury (usually referred to as the at-fault driver), for acting recklessly or negligently. If it has been determined that another person is liable for the accident, you may be able to recover damages for your injuries from that person or their insurance company. A liability claim is brought forth primarily for pain and suffering, wage loss, and excess medical bills that have not been paid for by your no-fault insurance company. [Read more…]