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    Wiscquest's Avatar
    Wiscquest Posts: 1, Reputation: 1
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    #1

    Jan 22, 2010, 12:56 PM
    Wisconsin motion to vacate judgment
    8 years ago, my daughter needed surgery. Her father, who carried the insurance, dropped it the day before the surgery. I was not aware of this since we are not together.

    I thought the bill went to him, however, the bill was being sent to an old address of mine since I have full custody and am ultimately responsible.

    7 years later I get a summons to court. I tried to raise the money to avoid the court date. I ended up getting the full payment to them a few days after the court date.

    I just happened to notice this statute of limitations of 6-years in Wisconsin. I had no idea that this was even something to look in to and would love to have the judgment off my record. At this point, I would not even ask for the money back.

    It has been around 14 months since this all happened. So, since in effect, the debt was gone after 6 years, does that mean the Judgment is not valid? If it is valid, can I have it removed?

    Thanks for any information!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 22, 2010, 01:02 PM

    Not asking for the money to be returned is a good idea because it is considered to be a payment made willingly if it was out of Statute.

    The Plaintiff would have had to claim it was within the Statute in order to get the Judgment (at least in NY). Write the Plaintiff and the law firm and ask that it be removed.

    My feeling is that you are stuck with it UNLESS you vacate the Judgment on these grounds.
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