Legal Question in Bankruptcy in Wisconsin

Judgment against us

We had a judgment placed against us by my father on flimsy one page mortgage note (that lawyers told us we could have beaten) because we moved and did not receive the court dates in time. We own 2 houses 1 in IL, 1 in WI.

Since that time he has placed a lien on our house in IL that we are selling. Recently he tried to garnish my husband's wages.

A lawyer advised us to file Chapter 7 as we have enough equity in our other house to do that. My husband contacted my father's lawyer and they backed off the wage garnishment. My husband now wants them to sign a letter releasing us of all leins etc. once our house sells and my father is paid.

Will this hold up in court? I think he would be signing it under duress. We now live in WI where the mortgage note is from but never filed. Our house that is for sale with the lein on it is in IL. He sued us and got the judgment in Chicago, IL.

Our lawyer believes he can get the mortgage note thrown out in WI in bankrupcy court but my husband does not want to file bankrupcy. He believes a release will work. I am afraid because my dad is ruthless. I am his only child and he has already come after us hard. I feel I have no other alternative.

Any thoughts? Thanks.


Asked on 8/08/08, 2:51 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Parents with Judgment Against Child on Promissory Note, Reopening Judgments

Your situation is too complex for this online forum and you need to instead be having this conversation with your lawyer. It is sometimes possible to reopen judgments, but only for a limited period of time and for good reasons including improper service of the lawsuit. Unless you reopen the judgment, the "flimsiness" of the promissory note will not matter--the judgment is far stronger that the original paperwork upon which it was based. Even if you do not wish to file bankruptcy, an experienced bankruptcy lawyer be the best qualified to advise you on your options. Good luck!

Read more
Answered on 8/17/08, 12:51 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Wisconsin