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  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Default What Do I Bring With?

    My question involves small claims court in the state of: Wisconsin.
    I had been rear-ended in a car accident a few years ago, and had to go to the chiropractor. I wasn't sure who to file my claim with, so I asked the chiropractor and her staff for advice. They said my personal insurance may deny it since I was in an accident, so I should just file it with the insurance of the woman who hit me, reassuring me that they were familiar with this type of thing, and the insurance would pay for it. So I did so, and the insurance waited a very long time before refusing to pay.
    So by that time, I couldn't file with my personal insurance, so I ended up being screwed into paying a few thousand dollars for this treatment. I was struggling with bills, since I had just had twins and wasn't working. We were just barely paying our mortgage, so I couldn't pay much on the chiropractor bill. I think we managed to pay off about a thousand. She sent it to collections, and I paid about $1200 off, then couldn't continue payments because we were struggling with money again. I made a few more payments, on and off, hoping I could pay it off sooner of later with taxes or whanot.
    She sent me a letter saying I had until the 30th of April, 2008 to pay off the balance. But I found out that she filed in small claims court on the 28th of April.
    So now I have to go to court, and I was wondering what exactly do I bring? I have prepared a spreadsheet that states our average monthly disposable income, and our monthly expenses. Will any of that make a difference? Should I be telling the magistrate or judge how the charges were incurred (by her faulty advice)? I want to be prepared as well as I can, but I have never done this before and I want to get the best result I can. Any help is greatly appreciated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Do I Bring With?

    You take whatever evidence you have that you don't owe the debt.

    What are you trying to do here? Contest the debt, or merely get a payment plan for repaying the debt?

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: What Do I Bring With?

    You might have a SOL problem, but seen cases on TV where the person causing an accident is sued, even after his insurance turned down the claim. Judges made it clear the fact that an insurance company denies paying does not mean the claim is NOT valid, because they are NOT BOUND by the findings of an insurance company.

    If within the SOL, and you're sued, it might be time for you to bring suit against the party causing the accident, and let a judge decide. On the other hand, you might have waited too long.

  4. #4
    Join Date
    Apr 2008
    Posts
    2

    Default Re: What Do I Bring With?

    I don't contest that I owe the debt. I just would like to know what I will need with me to get a payment plan? Since I don't have a job, can they garnish my husband's wages? We live in Wisconsin, where both husband and wife are responsible for a debt incurred by one. If they would do that and take out a couple hundred dollars a month or more, we can't pay our mortgage, which is far more important than a stupid chiropractor bill. Do I have to bring proof of our income and monthly expenses? What do I need to do in order to get a payment plan? Just ask the judge? And would that be the first thing I say to him or her? I don't contest I owe the debt, but I would like a payment plan? And do I have to explain why I wasn't previously able to pay? I struggled to stick to the payment plan I had with the chiropractor, so why would the judge let me have a payment plan?
    I really appreciate any help anyone can give me. Thanks!!!

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