I received a summons to appear in Wisconsin small claims court on Jan 23 2017. This matter involves credit card debt. I intend to answer and submit affirmative defenses. I want to use statute 425.109 to it's maximum effectiveness.
With statute 425.109 being amended in July 2016, how do I compel plaintiff to provide more than a single billing statement ? If I cannot do so initially, must they provide during discovery documents listing every charge against my account to receive all that they are suing for ? Finally, plaintiff is seeking only the amount due as of Jan 13, 2016. If they are seeking only transactions made before the amendment date, might this lawsuit be grandfathered ? Also, I am wondering why this matter was left idle for so long. How do I know that the original creditor is actually suing me and not some junk debt buyer ? Both the credit card company and a law firm are listed as plaintiffs.
Thank you for any help you can provide.
1 Answer from Attorneys
You will need a lawyer to conduct formal discovery, but all of the billing statements can easily be requested, through interrogatories, requests to admit and requests for production of documents, under the WI rules of civil procedure. Your lawyer might also investigate defenses based upon delay or statutes of limitations, but you don't provide enough information here for us to even begin to evaluate them. Even if you lose the collection case, however, such debts can usually be discharged easily in bankruptcy, so a good idea to choose a lawyer who also does those.
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