Legal Question in Credit and Debt Law in Wisconsin

Collecting from a Spendthrift Trust and Discovery Without an Attorney

Spendthrift trusts which are properly drafted and correctly funded are not liable to creditors for the debts of their beneficiaries. The trustee, in his discretion, may decide to pay various things for his wards but cannot be legally compelled to do so. This type of trust is usually set up for someone who lacks money handling skills, in order to protect them from themselves (and their bad spending habits). However, it is sometimes possible for a good collection attorney (who is also proficient in bankruptcy matters) to pierce the trust and collect for the creditor. Timing is everything in such litigation, so you or any other creditor may have rights which will very soon expire if you do not get qualified legal advice and commence litigation against the trust and/or its settlor. As for your other question, discovery is a complex set of legal rules concerning the exchange of information between parties to a lawsuit and is therefore not recommended for "do it yourselfers." Law students spend the better part of an entire semester learning about it in their civil procedure classes. If your litigation is sufficiently complex to require discovery and you have no legal training, you need a lawyer.