Legal Question in Civil Litigation in Wisconsin
My father was sued for an auto accident that he never paid. He has since gotten into an accident and suing that company since they were at fault. If he wins his lawsuit, will he get the money or the person who has a judgement against him?
1 Answer from Attorneys
Opposing judgement can sometimes be set off against one another. However, if your father declared chapter 7 bankruptcy, he or anyone else, could usually get rid of most old judgments stemming from routine auto accidents, so long as drunken driving was not involved. An experienced bankruptcy lawyer could also protect your father's own newer personal injury case so that dad could keep an injury award against the new driver for up $50,000 under WI law (assuming that the lawyer claimed a proper exemption for your father in the bankruptcy proceedings). Dad could then have the best of both worlds, being able to collect on his new case, yet not have to pay the old one. He would also probably be able to reinstate his drivers license, which he probably lost due to having an uninsured auto accident damage judgment against him, but filing the chapter 7.
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