Legal Question in Credit and Debt Law in Wisconsin

Smal Claims Entitlement

Being served papers for small claims court in the amount of $591.00 for being default on a car loan. My question is after paying the balance as writen on the court papers, is the car dealer entitled to the various court expenses not quoted on the served papers? $591.00 is the balance due for vehicle payment and interest. The dealer demands an additional $100.00+ for court expensives. Note-the peson who served the papers told my wife that we pay the balance or they reposess the vehicle and collect the balance anyways. I also have the receipts totaling $591.00 all dated before the designated court appearence.


Asked on 10/15/98, 10:09 pm

1 Answer from Attorneys
Stuart Williams

Re: Smal Claims Entitlement

I believe they are wrong. The loan contract may entitle them

to fees or "court expenses" (as you put it -- and by the way, the

wording is very much critical, so use exactly the words they used

in their papers to you!). Do you have a copy of the contract?

However, that probably doesn't matter, either way! Court rules

require that the claim brought be absolutely complete. They can't

bring another suit for just the court expenses of the last one.

(I'd love to see the faces when they try.) However, they might

actually repossess and then you'd have to be the one to initiate the

suit. I think you would win, but I'm not sure. In the meantime, do

pay the regular payments, but try to ask a local lawyer about this.

The laws of small claims courts vary from state to state and I only know

my own state's laws.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.


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Answered on 12/29/98, 2:29 pm


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