Legal Question in Credit and Debt Law in Wisconsin

Small Claims--Evidence Disclosure--Identity Theft

The WI rules of civil procedure allow you to demand all of the plaintiff's evidence supporting the lawsuit in advance of trial. Such �discovery� requests, however, normally require 30 days for response, so you may run out of time before you can accomplish this. If you are serious about fighting the case, you should therefore obtain legal counsel who is familiar with legal discovery methods assuming that you lack such familiarity. Your attorney will probably be able to reschedule the trial to a date which would permit such an investigation. If the account you are being sured for is really not yours and you believe that you are the victim of identity theft, you should also report the problem to the police and furnish evidence of the filing of such a report to the judge and opposing attorney. The filing of a false police report is a crime and that fact that you were sincere enough to expose yourself to prosecution for filing a bad faith police report can bolster your credibility in defending the collection case. Identity theft may also be more likely to prevail if there is a pattern of other false accounts being created in your name without your permission. Even if you loose in your defense, debts of this type will normally be dischargeable in bankruptcy. You should also therefore also consult with an attorney who is familiar with your rights in bankruptcy court.