Legal Question in Credit and Debt Law in Wisconsin

Yes, everyone in the world can technically sue everyone else in the world for anything at any time, even if they do not have a good reason to do so. However, a plaintiff who brings what is later found by a judge to be frivolous suit can be punished and forced to pay legal expenses of the winning party. A better question for you to ask is therefore whether or not such a lawsuit is likely to go anywhere or to produce any money for the person suing, and the answer to that question may be �no.� If the person being sued is truly indigent and has no assets or funds which can be garnisheed or seized to satisfy ajudgment, the suit becomes a waste of time and money. However, this does not mean that the suit is prohibited; it can still be brought and prosecuted regardless of the wealth (or lack thereof) of the defendant and divorce situations where hard feelings exist are exactly the circumstances where such cases are still brought. The only way (short of paying the claim) in which the defendant can prevent such a suit before it begins is therefore to file bankruptcy. Bankruptcy generally yields a permanent injunction ("bankruptcy discharge") against all activities relating to the collection of the debt in question. That covers both lawsuits and other types of collection activities such as phone calls, letters, employer contacts and �house calls.� However, in situations involving family court orders, there are sometimes limitations upon the discharge in bankruptcy. Finally, you specifically mentioned that the former husband �needs to pay for a foreclosure.� During WI foreclosures of owner occupied single family homes, however, nobody really �needs� to pay, since banks rarely pursue the owners personally. Therefore, technically speaking, nobody really "needs" to pay for most home foreclosures here. Rather, owners have the option to stay in the house until the process concludes (sometimes taking years or longer if the owner has legal representation), and then, much later, eventually walk away without any fear of personal liability. At any rate, if you or your �ex� are experiencing all of these problems, you owe it to yourselves to at least have an initial consultation with an experienced bankruptcy lawyer. Even if you are not trying to save the home (which can be accomplished in a chapter 13 for anyone with enough income to resume all required payments), a lawyer with bankruptcy experience can more clearly explain all of your options and rights to you. I cannot do this based upon the minimal information which you have provided and my comments here do not create any attorney-client relationship between us. Rather, my comments in this public web forum are offered only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible. However, you are welcome to contact me at my office in Racine if you wish to discuss this matter further.