QUESTION
Can I reopen a small claims case if the defendant didn't no what time he needed to be in court?
Asked on Jun 29th, 2017 on Automobile Accidents - Wisconsin
More details to this question:
I really would like to reopen a small claims case that I thought I needed to be in court at a later time. I messed up my Attorney was there but he is saying that we couldn't appeal it? But I went to the court House talked with the clerk and she told me you can try for a motion to reopen the small claims. It was a Jury trial and I just want to try again have my day in court. It's an Auto Accident where the other person drove into my car I was clearly out of the way. He crossed the double yellow line. I got a citation from the Sheriff and the other guy did not get a citation but he should have gotten one. There is a verdict for the plaintiff I am the defendant and I wish I can file a motion to reopen the case and in hopes I get a second chance. My Attorney is wanting to settle I texted him I want to try to reopen the case. Since really there is a verdict I am checking my options.
1 ANSWER
4 Awards
In wisconsin, you have the right to appeal a small claims decision from the court commissioner to have a new de novo hearing or trial before the trial judge, assuming the motion for new hearing is filed timely. If you already have done that, and you missed the court date in front of the trial court (judge) your remedy would be to file a motion to reopen under sec. 806.07, to be relieved of an order or judgment of the court. If based on grounds of fraud, mistake, inadvertence or neglect, such a motion must be brought within one year of the order or judgment or is otherwise barred under WI law.
Answered on Jul 03rd, 2017 at 7:42 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com