Legal Question in Credit and Debt Law in Wisconsin

Do I have To Pay Off The Filing Fee Before A Judgement Is Dropped

I have a medical small claims case filed against me. It is due to go to court in a few days. I have paid the amount that shows on the paper (1495.00) plus $50.00 of payments. The collection agency is telling me I have to pay an additional amount to cover the filing fee. The Judgement has not been finalized yet so they have not been awarded the filing fees. The collection agency said they will still get a judgement for the remainder, in the amount of $39.00. This seems like blackmail to me to pay the filing fee. How can they charge me the filing fee before the judgement is entered? Will a judge award them a judgement against me for 39.00 if I already paid $1545.00 and the amount on the paper is showing as $1495.00? I have given them every dime I have and I cannot pay off the $39.00. Will a judge award the judgement against me if I show receipts of payment?


Asked on 4/21/09, 7:07 am

2 Answers from Attorneys

JAY Nixon nixon law offices

Filing Fees Being Added to Judgement in Medical Collection Case, Bankruptcy Options

"Filing fees" usually mean charges which courts require a party to pay to the clerk when a law suit is first filed, which funds cover the operating expenses of court. Process server fees for serving the lawsuit, subpoena and witness mileage and fees, certain copies, limited statutory attorney fees and numerous other items in WI are all known as "taxable costs." All of these are added to the amount which the plaintiff demands when he files the lawsuit to collect the money you owe, assuming that he eventually wins. Therefore, the creditor has already incurred these costs, even if you subsequently pay off the judgment, and will be legally entitled to recover them if the lawsuit goes on until conclusion. Any settlement which the collector would make with you at this point would normally anticipate your paying these fees as one of the conditions. If you push the issue, the plaintiff is likely get the court to add them to the eventual judgment. Your best interests, on the other hand, usually lie in avoiding the judgment being taken against you at all, since it creates a perpetual court record that you officially lost these legal proceedings against you. Such records are available to the general public free of charge online via a simple name search and they are never removed. Judgments can have harmful effects upon your credit and employability for life. The alternative of paying off the lawsuit and filing fee before judgment and thereby getting the lawsuit dismissed will have far less of an impact upon you in the future and may even allow the record to be removed from the public website eventually. My comments here are not intended as legal advice to you unless you subsequently retain me and allow me to fully investigate your case. I do not have nearly enough information here to seriously advise you. On generally suggestion which I would have for you, however, is that you spend a few minutes speaking with a bankruptcy attorney if you are experiencing financial problems. Filing fees and court costs, as well as the creditors underlying collection claim, are generally 100% dischargeable in bankruptcy, which is a form of legal forgiveness of debts which a court determines that you cannot afford to pay. Bankruptcy proceedings can sometimes not cost much more than $1,000.00 in simple cases.

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Answered on 4/24/09, 2:38 pm
JAY Nixon nixon law offices

Filing Fees Being Added to Judgement in Medical Collection Case, Bankruptcy Options

"Filing fees" usually mean charges which courts require a party to pay to the clerk when a law suit is first filed, which funds cover the operating expenses of court. Process server fees for serving the lawsuit, subpoena and witness mileage and fees, certain copies, limited statutory attorney fees and numerous other items in WI are all known as "taxable costs." All of these are added to the amount which the plaintiff demands when he files the lawsuit to collect the money you owe, assuming that he eventually wins. Therefore, the creditor has already incurred these costs, even if you subsequently pay off the judgment, and will be legally entitled to recover them if the lawsuit goes on until conclusion. Any settlement which the collector would make with you at this point would normally anticipate your paying these fees as one of the conditions. If you push the issue, the plaintiff is likely get the court to add them to the eventual judgment. Your best interests, on the other hand, usually lie in avoiding the judgment being taken against you at all, since it creates a perpetual court record that you officially lost these legal proceedings against you. Such records are available to the general public free of charge online via a simple name search and they are never removed. Judgments can have harmful effects upon your credit and employability for life. The alternative of paying off the lawsuit and filing fee before judgment and thereby getting the lawsuit dismissed will have far less of an impact upon you in the future and may even allow the record to be removed from the public website eventually. My comments here are not intended as legal advice to you unless you subsequently retain me and allow me to fully investigate your case. I do not have nearly enough information here to seriously advise you. One specific suggestion which I would have for you, however, is that you spend a few minutes speaking with a bankruptcy attorney if you are experiencing financial problems. Filing fees and court costs, as well as the creditors underlying collection claim, are generally 100% dischargeable in bankruptcy, which is a form of legal forgiveness of debts which a court determines that you cannot afford to pay. Bankruptcy proceedings can sometimes not cost much more than $1,000.00 in simple cases.

Read more
Answered on 4/24/09, 2:58 pm


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