Statute of Limitations on Judgement

**dccubed** · 07-30-2010, 09:20 AM

My question involves judgment recovery in the State of: Wisconsin

Found out this week I have a judgment from 1995 and a bench warrant had been issued. I have no intention of paying it because it is from 1995. Never received the information etc etc etc. basic FDCPA stuff.

1. Looking for WI statue that shows statue of limitations on the judgment and if a judgment has to be renewed to get to the 20yr mark.

2. Difficulties involved in trying to get it vacated?

When I was talking to the small claims clerk she made mention that the statue could have been changed and as such might only be 10 years.

One other tidbit, I have lived out of the state for over 10 years, not sure if matters, but wanted to throw that in there.

jk · 07-30-2010, 09:48 AM

I haven't checked the actual statutes. Several sites I have found did list the SoL at 20 years. That appeared to be the set time limit and it not the result of having to renew the judgment at some time.

2. Difficulties involved in trying to get it vacated?

do you have a reason it should be vacated?

Found out this week I have a judgment from 1995 and a bench warrant had been issued

a bench warrant? For what? courts don't issue arrest warrants for failing to pay a civil judgment. I think there is something else going on that you really need to investigate.

. I have no intention of paying it because it is from 1995.

that makes absolutely no sense. If a judgment is valid for 20 years, that would mean it is good until 2015. Just because it is from 1995 give you no justification to not pay it. and if there is a bench warrant associated with this, you can claim you aren't going to pay it all you want. Setting in jail might change your mind.

Never received the information etc etc etc. basic FDCPA stuf

f.
there is no requirement you recieve the "basic FDCPA stuff". The only thing that matters is if you were served according to the law or not. You would have to investigate the file on the case to determine if that happened or not.

**dccubed** · 07-30-2010, 11:36 AM

Definitely now at this point. They claim I was "personally" served at the address listed. I am waiting for the paperwork, good thing I got it on tape.

I guess the warrent was issued for contempt of court for not showing up to for or not filing out some sort of asset thing. Please note, I say "I guess" because I really don't know.

You are correct in the warrant for a civil judgment, however, the new tactic seems to be throwing ppl in jail for a debt for not filling out paperwork ie the court order to fill it out and the only way for them to get out fo jail is for someone to post bail at ..are you ready for this....the amount of the debt. Obviously this is subject to debate and will in my best guestimation be subject to a High Court ruling.

So, if you are saying the only thing that matters is what I served correctly or not...unequivocally no, I didn't live at that address.

jk · 07-30-2010, 11:42 AM

So, if you are saying the only thing that matters is what I served correctly or not...unequivocally no, I didn't live at that address.

that doesn't mean you were not properly served. Some jurisdictions allow service by publication. Others have such easy to comply rules that you can almost be considered to have been properly served by a guy tossing the summons close to your house.

as well, if that was your address of record (such as the address on your license), often times simply mailing a 1st class letter to that address is considered adequate.

You need to review the records for how service was performed and then find out what the rules of the court in question are concerning service.

as to the warrant; that is a whole different issue. It will get you tossed into jail regardless of the rest of the game. They will act on the warrant and then let you prove it was wrong later.

**aaron** · 07-30-2010, 08:38 PM

You will have to check the court file from the original action to see how service was supposedly effected. There is likely also a copy of a subpoena allegedly served upon you in relation to what I assume was a creditor's exam, at which your nonappearance resulted in the issuance of the bench warrant.

Quoting Wisconsin Statutes, Sec. 893.40. Action on judgment or decree; court of record.

Except as provided in ss. 846.04 (2) and (3) and 893.415, action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred.

**dccubed** · 08-02-2010, 08:22 AM

Anyone happen to know if there is reciprosity with civil judgements from WI?

jk · 08-02-2010, 08:26 AM

reciprocity with whom?

**daejeon** · 09-02-2010, 05:29 PM

As you have probable figured out , the warrent is for not returning the paperwork that was sent to you to be sent to the judgement Creditor.

My question is: I returned that paperwork that was sent to my brothers address in Wisconsin although I lived in another state to avoid just that - getting a warrant issued because there would not be any excuse since the mail was delivered to me.

So, is there a chance to get that one year old judgement vacated because that was not my address at the time? I filled it out with my current ( non wisconsin) address and current employer.

They never followed up with garnisheeing my wages.

I thought the matter rather punitive since they did not attempt to garnishee me and got nothing.