Legal Question in Credit and Debt Law in Wisconsin

we were taken to court for medical bills. they granted a judgement and started garnishing my husbands checks. it turns out it wasnt our bill even. do we have any legal action we can take


Asked on 7/25/12, 9:06 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, if you suffered an erroneous judgment against you and the creditor agrees that it was entered in error, your lawyer would be likely to succeed in negotiating a stipulation to reopen the judgment. In a scenario where the creditor admits that it was all a mistake, including the garnishments, my guess is that they would be willing to refund the garnisheed funds to you as well. While you would have the right to sue in this situation, you may not need to do so if they refunded everything and corrected all of the records. The creditor setting all of these matters straight may be the best that any court could do for you even if you sued. Therefor, although you may have a right to sue after everything is corrected, you would need to ask yourselves whether it is still worth it. My comments here are generalizations which are applicable to similar situations faced by many, not advice applicable to your case, and offered for public educational purposes only rather than as legal advice for you. You should therefore retain a lawyer in order to meet your own legal needs, or at least schedule a private consultation with one, since I am not currently your attorney and will not be taking any action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. However, you are welcome to contact my Racine, WI office at 262-633-3090, see me on the web (www.jayknixonlaw.com) or email me at [email protected] with further questions. Web forum answers may contain attorney advertising materials.

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Answered on 7/26/12, 11:16 am


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