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Location: Wisconsin  |  Law type: general practice attorneys
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Case Number 23CV376

Just received a letter for "Order for Judgement" to this case that we had no idea was going on. Last year, I took a trip for work to Wisconsin and went to dinner at a bar there with my coworkers. During that night, I was jumped by (plantiff), I defended myself. When the police came, they showed me the tape that I infact was assaulted first, they let me go with no charges or arrest. Then I received this letter on 09/18/2023 stating that I was served court papers at an address I haven't lived at since 2019. How to I go about fighting this?  I was not served, I live in Nevada and have been since December 2021. Please I really need some help, thank you


I have a scanned copy of the letter but couldn't attach it. Is there an email I can send it to?

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Legal Solution

The response provided below is specific to general practice attorneys in the jurisdiction of Wisconsin. If the response is inadequate, please submit a detailed inquiry.

Given your circumstances, immediate actions are crucial to begin your defense against the judgment order. There appear to be a few core issues, namely the improper service of court papers and a likely lack of personal jurisdiction due to your residence in Nevada, not to mention that the incident in question demonstrated self-defense.

1.1. Relevant Legal Sections

  • For general information about court procedures in Wisconsin, you might visit the Wisconsin Court System website.
  • Regarding specifics about service of process and defenses, please consult Wisconsin Statutes Chapter 801.

Possible Solution and Path Forward

The improper service of court papers to an outdated address is a valid point to argue in your defense, especially considering the resultant unawareness of the ongoing case. You can file a motion to quash service or even to vacate the judgment due to improper service and lack of personal jurisdiction. Visiting the Wisconsin Court System website will provide you with access to necessary forms and additional details on how to file these motions.

Legal Fees Overview and Calculation

In Wisconsin, the costs for hiring an attorney can significantly vary based on the complexity and specific nature of the case.

Service Type Average Cost (USD) % Difference from National Average
Consultation with a General Practice Attorney 250 +10%
Filing a Motion to Quash or Vacate 900 +8%
Full Case Representation (General Practice) 4,500 +15%

Do note, prices can surge depending on the expertise and experience of the lawyer, so it’s advised to compare lawyers in your area.

Complexity and Case Studies

Legal cases involving interstate matters, especially when it involves an alleged civil wrong, are typically complex due to jurisdiction issues, proper service of process, and the applicability of state laws.

  • Case Study 1: A Nevada resident was sued in Wisconsin for a breach of contract but was not properly served. They successfully vacated the default judgment by proving improper service and lack of personal jurisdiction.

  • Case Study 2: A non-resident was able to dismiss a case filed against them in Wisconsin by proving that the state had no jurisdiction over the matter or the parties involved.

  • Case Study 3: A similar case to yours involved a person who was unaware of a case against them due to being improperly served. Once aware, they managed to reverse the judgment by promptly filing relevant motions and actively engaging in the case.

Relevant Questions

  • Have you responded to the order for judgment, and if so, in what manner?

    • This is crucial to establish your acknowledgment of the case and to avoid any further default judgments against you.
  • Were any attempts to serve you at your current Nevada address made?

    • This will establish whether the plantiff diligently attempted to locate and serve you properly.
  • Have you retained a lawyer in Wisconsin to represent you or to advise you on the state’s laws and procedures?

    • Legal representation in the state where the case is ongoing is vital to navigate through local laws and court protocols.

Questions and Answers Related to Your Situation

Q1: Can I dispute a case if I was not properly served?

Yes, improper service is a valid ground to dispute a case. You can file a motion to quash the service and possibly to vacate a default judgment.

Q2: What can be done if a judgment is ordered without my knowledge or participation?

You can file a motion to vacate the judgment, stating the reasons, such as lack of notice due to improper service and any meritorious defenses you have.

Q3: Can a case be held if I do not reside in the state where it is filed?

Jurisdiction can be challenged if you do not have significant contacts with the state. You might contest the personal jurisdiction of the Wisconsin court over you, a Nevada resident.

Q4: How can I defend myself in a state where I do not reside?

You may find the right lawyer licensed in Wisconsin to represent you and safeguard your interests. Having local representation will assist in managing court appearances and filings.

Q5: What is the time frame to respond to an "Order for Judgment"?

Time frames may vary, but it's imperative to respond as promptly as possible to avoid any additional judgments or penalties. Confirm the specific time frame with a local attorney or the court clerk.

Your situation demands immediate legal attention, so prioritize reaching out to a Wisconsin lawyer who can guide you through the intricacies of disputing jurisdiction, service, and potentially vacating the judgment. Here, you can search for a specialized attorney who will comprehend the multistate aspects of your case and advise accordingly. Best of luck!

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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