Legal Question in Civil Litigation in Wisconsin
Hello! I have a quick inquiry regarding garnishments when receiving food stamps in Wisconsin.
Upon my previous landlord winning a garnishment against me, and I receiving my Debtor's Response Form, I filed that I am eligible to receive food stamps, submitted it to the garnishee, and kept a copy for my records as well, as instructed on the form. Since I didn't put any supporting documents (I was eligible to receive them, not currently receiving them, and the form didn't specify to include anything like that), my previous landlord contested that it was in bad faith and we ended up going to a civil hearing in front of a court commissioner.
In the courtroom, my landlord claimed that I never submitted the document, causing the commissioner to question why I didn't submit it to them. I informed him that I did, and pointed out the language in the summons (submitted by my landlord) which stated that it was received but without supporting documentation. At this point the commissioner asked if I had the form with, to which I responded that it was never a question as to if I sent it, but as to whether or not I am eligible.
At this point, I kinda felt like the commissioner was a little irked that I called out the inaccuracy in the landlord's testimony. I brought evidence to support me being eligible for food stamps (last three months of pay stubs, documentation from the State of Wisconsin website showing the standards for food stamp eligibility, paper trail of my current food stamps application, and the math to show my eligibility and eligible amount. The commissioner then insisted that the standard didn't include eligibility, but only those receiving food stamps currently are eligible. Wouldn't look at the proof I had brought with. Ruled that garnishment could continue.
Now, I am looking at a civil court date on the second to appeal his decision. I need to know what to expect. Will it be as easy as bringing my food stamp award letter to the judge? Am I at risk of being sued for legal fees from the landlord? Could I recoup what has been garnished since the ruling, since I might argue their contest was in bad faith?
1 Answer from Attorneys
You are definitely doing this the hard way, considering that a chapter 7 bankruptcy petition could immediately end this technical debate with a protection order from a higher federal bankruptcy court, freezing the state court garnishment, and eventually discharging this debt as well as any other general unsecured debts. You should therefore immediately consult with an experienced bankruptcy lawyer. If any claim or defense is found frivolous, the judge can order to other side to pay attorney fees. Likewise, if the garnishment was found improper, the judge can order it stopped, but I am not sure about reimbursement of moneys already received prior to your appeal being returned.
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 further questions, but if you want me to do more you will need to make additional arrangements. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials.
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