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Michael C. Witt
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Michael Witt’s Answers

2,655 total


  • What are my rights as a guest at a rooming house??

    My so called girlfriend terminated her lease at this boarding/rooming house back in June of 2015. Her reasons are very confusing because she mentioned how other tenants and guest are very hostile, boisterious, annoying, provoking, etc. Well since ...

    Michael’s Answer

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    You likely have no direct rights as tenant, because if I understand you correctly, you never were one. Now that your ex is out, you'll need to try & make arrangements with the landlord to retrieve any property that has not already been disposed of as abandoned when your ex left. Whether it is worth taking your ex to small claims court over for the return or replacement of your belongings depends upon how much the property is worth.

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  • I am being sued by an insurance company for a car accident I was involved in last year. What should I do?

    I was uninsured and received tickets for failing to yield to oncoming traffic and driving without insurance. I paid those and did buy insurance later that day. I am being sued for the vehicular damage. I have not been served yet but I do know it i...

    Michael’s Answer

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    You should start by consulting a bankruptcy lawyer to see if that is a viable option for you. If you are going to end up needing to file bankruptcy, there is no reason to wait. Use the find a lawyer tool, or contact the State Bar to find a bankruptcy lawyer near you. Good luck.

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  • What type of lawyer can help me?

    Convicted of felony theft in 2005. Restitution set and is a low six figure amount and just coverted to civil judgement. I have a decent job, but not one that is going to pay this judgement off anytime soon with payment plan. Looking for a lawye...

    Michael’s Answer

    Other than bankruptcy lawyers, consumer law practices, business law practices, and litigation practices are also likely to have experience in negotiating settlement of judgments. The biggest factors in getting this settled are likely out of your control, as they relate to the financial circumstances of the person who holds the judgment against you. When the judgment is from unpaid criminal restitution, there is often a desire to punish that makes settlement harder. On the other hand, you don't get what you don't ask for. Just be careful to get a full release. Good luck.

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  • When would the clock for statute of limitations start? When the injury took place or when it is diagnosed?

    emotional distress (over the course of almost 2 years) caused PTSD. PTSD is often not apparent and therefore can go months or even years before being recognized and diagnosed. If there is intentional infliction of emotional distress and or negl...

    Michael’s Answer

    I'm not sure how delayed diagnosis would constitute a separate causal event. Your scenario is complicated by the fact that intentional conduct is not covered by insurance, so in addition to the statute of limitations question there would seem to be a coverage question. If the diagnosis has been made, the clock is now running even in the best case, and you should not delay in consulting an attorney. Good luck.

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  • Can we sue for personal damages?

    My boyfriend and I walked into Walmart tonight, 7/25, and just left. He walked into the bathroom, and when he went to flush, the thing literally exploded. The whole front of Walmart is flooded. His phone, wallet, $80 bull rider shirt, $200 pair of...

    Michael’s Answer

    Why don't you wait & see what WalMart's position is first, because involving a lawyer in a small claims case to recover the cost of a pair of boots & a phone is likely to present cost/benefit problems.

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  • Can a no contact order be dropped?

    My ex was charged with a misdemeanor for domestic abuse and a deferred felony for strangulation and suffocation. There is a no contact order in place as of now, but is there a way the order can be dropped so we are able to communicate without him ...

    Michael’s Answer

    Your reference to a deferred felony leads me to believe he was convicted of a misdemeanor & has a deferred prosecution agreement on a felony. If that is correct, he'd possibly need the conditions of misdemeanor probation & his DPA modified. You could try checking with the Victim Witness coordinator at the DA's office to find out.

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  • Can a roller skating facility be negligent for not having a handrail near a step in the facility used by skaters?

    Our local roller skating rink has a step leading up to the snack area. As I was leaving the snack area to go back out and skate, I stepped down off the step, my skate slid forward and, not having anything to grab onto, I lost my balance, fell and...

    Michael’s Answer

    Could they be? Maybe. The assumption of risk is pretty obvious, but if there is an industry standard that was violated, or a history of an unaddressed unsafe condition on premises held out to the public, you might be able to make an argument. It's unlikely they'll voluntarily pay though, suit probably will need to be filed, and you may have trouble interesting an injury lawyer in taking this on a contingency. Start calling some local personal injury lawyers to see what they think. Good luck.

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  • I had a TRO for harassment granted against me and have to appear in court in a few days. how do I prove it's a lie?

    My ex room mate filed a TRO for harassment on me when I went to pick up some clothes. She got it based on the lie that I threatened to harm her. I never said or did anything she said I did in the restraining order. All I am guilty of is being a go...

    Michael’s Answer

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    Proof a witness is being untruthful is seldom to be had. Absent a recording, or neutral third party witnesses, it is going to come down to who the Judge believes. Since most will err on the side of granting a restraining order, it's an uphill battle even with an attorney. No one can give you the benefit of three years of law school and years of experience in a web post. Without counsel, you are at a distinct disadvantage.

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  • City employee refused to help injured child

    A city worker mowing lawn refused to help my child whom a fishing hook deep in his finger and allowed my other child to get in the car of an out of state vehicle without worry

    Michael’s Answer

    A city groundskeeper is under no legal obligation to render medical assistance, or protect your child from a third party, so I'm not sure what you are looking for here. If there is a third-party wrongdoer involved, you could try and sue them, assuming they aren't protected by Good Samaritan law. If the only actual harm here is your kid sticking himself with a fish hook, you probably don't have a cause of action.

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  • What is the statute of limitations on Wisconsin state collections fees?

    Over five years ago (May of 2010), I was given a public defender for a minor case. I couldn't afford the $60 and never paid it. I recently (in the last month) called state collections to square up a medical bill from last fall. I paid it, and afte...

    Michael’s Answer

    If this was a court appointment, chances are you were supposed to pay $60 a month while the case was pending, and the actual bill was higher. If the unpaid amount was reduced to judgment, interest is also accruing. If it was reduced to judgment, the statute of limitations is irrelevant. If it's already in collection, it doesn't need to be resent; it's still there, and reflecting negatively upon your credit.

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