Legal Question in Credit and Debt Law in Wisconsin
I was at fault in a car accident in 1988. I was uninsured. I made monthly payments to the other driver's insurance company for a while and then I stopped. A 20 year judgement was entered against me in 2001 and I lost my liscense and registration. Recently I was told a debt is only collectible for 10 years, meaning they shouldn't have been able to enter a judgement after 1998. Is this true?
I'm trying to set up a payment program now with the insurance company but they say they may not accept less than payment in full - over $2300.
1 Answer from Attorneys
The time limit for collecting on WI judgments was recently increased to 20 years. However, even after any time limit has expired, a judgment can still be entered against you if you don't defend yourself. Otherwise, even a bogus claim against you can turn into a collectable judgment which can lead to a wage garnishment, loss of driver's license and many other nasty things including seizure of assets. When you don't defend any lawsuit, the courts automatically grant judgment by default without even looking at the basis for the claim and through an automatic, computerized process. The fact of the judgment then becomes public information on the court's website, in addition to appearing on credit reports, etc. The cheapest and most efficient way to defend yourself against judgments and collection claims (whether or not they have become a lawsuit yet) is usually with a bankruptcy filing. For not much more than $1000, one can get rid of all of them with the exception of drunk driving accidents/fines, newer tax debt, student loans, child support and any debt relating to an intentional crime. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me.