Legal Question in Traffic Law in Wisconsin

I recently was awarded a settlement in the amount of approx. $3000. The defendant has reached out and is willing to pay $50 a month. That payment plan is too low for me. I would like $100 a month. If they agree, how can I assure they make payments every month? What if they don't pay each month? The other option I was thinking was to garnish their wages. Does this sound like a better option? If so, is $100 month in garnishments to much to ask from a family is classified as low income?

Asked on 4/16/18, 10:21 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Be mindful of the fact that a WI debtor can usually discharge a claim like yours in bankruptcy, without losing any assets, assuming that they are not wealthy and are represented by experienced bankruptcy counsel. Such a filing would also likely discharge most if not all other debts, for a little more than half of the total amount that you are trying to collect here. Push too hard and a bankruptcy is therefore exactly what you are likely to get. Once bankruptcy is filed, you will have roughly a 99% chance of getting nothing. Sorry to be the bearer of bad news, but I do wish you the best of luck nonetheless. Under the rules of this website, I am most definitely not your attorney in this matter, and, for the record, generally represent bankrupt debtors rather than creditors, so please seek out independent advice before you act.

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Answered on 4/17/18, 4:14 pm

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