Legal Question in Credit and Debt Law in Wisconsin

If a person who is sued in small claims court does not mind having a judgment entered against them, their appearance at the initial court date is usually not mandatory. Your nonappearance only signifies legally that you are not fighting the case and allows the creditor to get judgment against you that they are seeking in their paperwork. Judgments grant the creditor the right to garnishee your employer and thereby force your employer to send 25% of your net wages to the organization who is suing you, usually until the claim is paid in full. Judgments also allow seizure of property to satisfy the debt and can also create a lien (roughly equivalent to a second mortgage) on and real estate that you own or may own in the future). On the other hand, if you either file bankruptcy or file a written answer legally disputing the date (for some reason other than financial hardship, such as a claim that you have already paid debt), you would normally not have the judgment taken against you and would instead have a new court date set up, eventually leading to a trial. The judgment will also require you to supply a financial disclosure to the organization who is suing you, which must include the name and address of your employer and a description of all property and bank accounts which you own. Unlike the initial court date, however, a failure to cooperate and appear in court regarding this financial disclosure requirement can potentially result in a arrest warrant against you for contempt of court. For these reasons, anyone in your situation should immediate consult with an experienced bankruptcy lawyer, who can usually get rid of this problem as well as other unsecured creditors via chapter 7 bankruptcy at a total cost of somewhere between one and two thousand dollars. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.