Is there a form letter or sample 'answer' compliant with Wisconsin 802 for a civil judgment filed with two counts? It is a personal debt with a bank... thanks

I find no forms but what is required and the manner in which the response must be framed is here - http://www.legis.state.wi.us/statutes/Stat0802.pdf

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Originally Posted by mistersmithers

Is there a form letter or sample 'answer' compliant with Wisconsin 802 for a civil judgment filed with two counts? It is a personal debt with a bank...thanks

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What type of answer are you trying to file? Are you admitting or denying the debt?

You said this is on "two counts"; have two separate cases been filed against you?

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Originally Posted by this8384

What type of answer are you trying to file? Are you admitting or denying the debt?

You said this is on "two counts"; have two separate cases been filed against you?

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Admitting the debt... I am trying to gather a possible settlement amount to avoid court if possible... one case two counts... meaning one credit card, one car loan, same credit union... same lawsuit...

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Originally Posted by mistersmithers

Admitting the debt...i am trying to gather a possible settlement amount to avoid court if possible...one case two counts...meaning one credit card, one car loan, same credit union...same lawsuit...

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Have you tried contacting the creditor to try and reach a settlement out of court? If you admit the debt, then they don't need to settle - they'll get a judgment for the full amount. You can work out some type of payment agreement, but it will still be for the full amount.

As I recall Wisconsin 802 gives the procedures for responding to a civil suit. So just follow the instructions in it.

But This is right. Trying to reach a settlement with them should be done outside the court proceedings. But, if they have gone so far as to go to court, they may still want to get a judgment even if you reach a settlement to protect themselves if you renege on the settlement.

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Originally Posted by this8384

Have you tried contacting the creditor to try and reach a settlement out of court? If you admit the debt, then they don't need to settle - they'll get a judgment for the full amount. You can work out some type of payment agreement, but it will still be for the full amount.

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I have sent a letter(s) to the bank and their attorney last Friday stating my intention to pay and willingness to settle along with a balance sheet and income statement showing at this time I'm unemployed and insolvent... because I have received copies of these debts being 'validated' its pretty hard to deny my signatures etc. without lying and feeling like a total douchebag... but I will show up in court to at least prevent a default judgment... they gave me 40 days from Dec 29th for an 'answer' to each count per ch. 802...

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Originally Posted by ScottGem

As I recall Wisconsin 802 gives the procedures for responding to a civil suit. So just follow the instructions in it.

But This is right. trying to reach a settlement with them should be done outside the court proceedings. But, if they have gone so far as to go to court, they may still want to get a judgment even if you reach a settlement to protect themselves if you renege on the settlement.

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So here's a scenario... this debt is actually my wife's with her old last name... can she file bankruptcy without it affecting me her husband with Wisconsin's marital laws? Or would I still have to be involved in that somehow? I'm curious why the bank never came to repo the car that secured this debt? I also think its interesting there was no attempt to collect this debt(s) since 2005 when it went into default... then all of a sudden one month or two of a 'law firm' debt collector calls then court papers... can I just return the car or is it way too late now?

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Originally Posted by mistersmithers

so heres a scenario...this debt is actually my wife's with her old last name...can she file bankruptcy without it affecting me her husband with Wisconsin's marital laws? Or would i still have to be involved in that somehow? I'm curious why the bank never came to repo the car that secured this debt? I also think its interesting there was no attempt to collect this debt(s) since 2005 when it went into default...then all of a sudden one month or two of a 'law firm' debt collector calls then court papers...can i just return the car or is it way too late now?

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They don't always repo the car; sometimes they just obtain the judgment because it's more cost-effective for them than having to re-sell the vehicle.

They didn't worry about trying to collect because Wisconsin statute of limitations is 6 years, so they had until 2011 to sue you.

Returning the car won't do any good because it's value had depreciated far too much at this point. You'll still owe the difference between what you financed it for and what they can sell it for now.

EDIT: And setting aside the legality, I commend you for at least trying to make the effort to pay rather than just ignoring the debt or denying it altogether.

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Originally Posted by this8384

They don't always repo the car; sometimes they just obtain the judgment because it's more cost-effective for them than having to re-sell the vehicle.

They didn't worry about trying to collect because Wisconsin statute of limitations is 6 years, so they had until 2011 to sue you.

Returning the car won't do any good because it's value had depreciated far too much at this point. You'll still owe the difference between what you financed it for and what they can sell it for now.

EDIT: And setting aside the legality, I commend you for at least trying to make the effort to pay rather than just ignoring the debt or denying it altogether.

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That's what I figured... I guess its up to them if they want to pursue their 'security' of the loan or not... we will just see what their attorneys say about the letter I sent and hope they can offer something doable...

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Originally Posted by mistersmithers

Thats what i figured...i guess its up to them if they want to pursue their 'security' of the loan or not... we will just see what their attorneys say about the letter i sent and hope they can offer something doable...

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At least you're trying; that's much more than a lot of people do.

Hopefully they'll work with you. Obviously, you'll have to make reasonable payments and sustain them. I've seen cases get dismissed when the defendant sticks with the payment agreement.

Good luck and keep us updated!