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View Full Version : Confused with Wisconsin Statute 802


lahoward
Oct 12, 2010, 07:17 PM
We are defendants in a civil case requesting a response to a summons. We have twenty days to write a letter to the court and the plaintiff's attorney. We are defendants because we evicted a former tenant who trashed our apartment. We received our judgement, however, we have never received money for past due rent and property damage from the former tenant. We are one of sixteen named defendants. The former tenant apparently received a mortgage and is now being sued by the mortgage company, so why are we named as defendants?

Fr_Chuck
Oct 12, 2010, 07:22 PM
Completely lost on what you are talking about.

You had a tenant ( renter?? ) and you evicted them for some reason, was the reason for eviction the damage to property or was it non payment

Now you are being sued by someone, ( you did not say who was suing you? ) But you and 15 other people ( who are these other 15 people and what are your connections ?)

What was the mortgage on, did they get a mortgage on the property they were renting? If so are they claiming you evicted someone from a home they owned ?

Just can't put the pieces together on what you are saying

AK lawyer
Oct 12, 2010, 07:43 PM
Wisconsin Chapter 802 (http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=top)is about pleading. But we need to know what you are being sued about.

LisaB4657
Oct 12, 2010, 07:48 PM
The reason you're being sued by the mortgage company is because you have a judgment against the tenant which is prior to the judgment the mortgage company is trying to get. They have to sue anyone who may have a prior claim in order to extinguish those claims or resolve the order of priority. If you have any hope of getting your money in the future you will have to answer the complaint.

this8384
Oct 13, 2010, 04:17 AM
The reason you're being sued by the mortgage company is because you have a judgment against the tenant which is prior to the judgment the mortgage company is trying to get. They have to sue anyone who may have a prior claim in order to extinguish those claims or resolve the order of priority. If you have any hope of getting your money in the future you will have to answer the complaint.

I have to spread the rep so consider this a greenie. Three posts and you're the only one who actually had an answer - and the correct one, at that.

AK lawyer
Oct 13, 2010, 06:05 AM
Three posts and you're the only one who actually had an answer - and the correct one, at that.

Possibly. If OP ever comes back with the clarification requested, we may know for sure.

this8384
Oct 13, 2010, 09:28 AM
Quite possibly. If OP ever comes back with the clarification requested, we may know for sure.

I don't know what you're misunderstanding.

OP/Party A sued defendant/Party B and won a judgment.
Party B obtained a mortgage and purchased their own property.
Party A filed a lien against Party B's property.
Party B defaulted on their mortgage, leading the mortgage company to file a civil suit/foreclosure against Party B and also any other creditors who obtained judgments and placed liens against Party B's property.

This is why Party A is being listed as a "defendant" because they have an interest in the property that is being foreclosed on. As already stated, Lisa gave the correct answer.

AK lawyer
Oct 13, 2010, 10:09 AM
I don't know what you're misunderstanding.


The only thing I don't understand is your attitude.

As I said, Lisa possibly is correct. But her answer is still a guess on the basis of inadequate information received from the OP.

LisaB4657
Oct 13, 2010, 10:21 AM
This8384, thank you. But it's OK. The closest that AK lawyer will ever come to agreeing with me is to say that I might possibly be correct. But I don't need his agreement because I know that my answer is correct. That's good enough for me.

this8384
Oct 13, 2010, 10:56 AM
This8384, thank you. But it's ok. The closest that AK lawyer will ever come to agreeing with me is to say that I might possibly be correct. But I don't need his agreement because I know that my answer is correct. That's good enough for me.

I'm not sure he agrees with anyone.

And apparently, knowing what I'm talking about means I have an attitude..