Legal Question in Credit and Debt Law in Wisconsin

I took an ex to small claims and won. I've sent financial disclosures and tried to talk to him but he wont get a job. I found out his father died a few weeks ago and left him money. How do I get my money now? what is the next step, do I have to go back to court?


Asked on 6/05/10, 7:06 am

1 Answer from Attorneys

JAY Nixon nixon law offices

If there is a probate estate for the debtor's deceased father, it is possible to garnishee the estate sometimes in order to enforce your judgment. You therefore need to consult with an experienced collection lawyer as soon as possible. If there is not an estate and the person has no assets, collecting a judgment in WI can be nearly impossible. However, it does remain of record for ten years if properly docketed and can remain on public records online for far longer than that. Judgments not only allow garnishment; if the person is working, it allows you to garnishee wages, provided that the person is well above the poverty level of income. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.

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Answered on 6/09/10, 4:33 am


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