Legal Question in Civil Litigation in Wisconsin

I was taken to court 2 years ago on a motorcycle loan default. They got the max of $5000.00. Now they are calling and sent a letter saying they want the interest due on the loan otherwise they will take further action. I live in Wisconsin. I was told they can only collect the max of $5000.00 but I still don't have a clear title and they now are sending letters. What can I do?


Asked on 4/19/13, 4:35 am

1 Answer from Attorneys

JAY Nixon nixon law offices

WI gives judgment creditors interest on their judgment at the rate of 12% per year and the interest is in addition to any possible small claims courts limits (you mention $5,000, although the maximum was recently increased to $10,000). Court costs are also added to any maximums. If you still have the motorcycle and want the title cleared, then nothing short of a release of lien will accomplish that. The lien will otherwise remain on the title forever, even fi the vehicle is scrapped. If you file a bankruptcy, it is possible to bring a separate adversary lawsuit in federal court in order to have the judge determine the value of the lien and clear your title once that amount is paid. If you surrender the bike to the creditor, the bankruptcy would also end their ability to collect from you personally via wage garnishments, etc. You should therefore consult with an experienced bankruptcy lawyer. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications or to make arrangements to retain me. Otherwise, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com. View over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials.

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Answered on 4/20/13, 5:03 am


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