Kennard Neal Friedman's Answers

How do I respond to a summons following Chapter 802 of the Wisconsin Statues?

I am going to add some information to Kevin Davidson's Response in case the summons and complaint is not small claims. To tell if a case is small claims, look at the case number. If it looks like 09 SC 0000123, the SC tells you it is small claims. If it looks like 09 CV 000123, it is a civil suit. 1. The summons will tell you how long you have to respond. Count the days from the date your were served. The answer must be given to or mailed to the plaintiff's attorney (or plaintiff if...

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Can a landlord evict a tenant who has children during the winter in state of WI

A landlord may evict a tenant any time for non-payment of rent and for other breaches of the lease. The landlord must follow the procedures outline in Wis. Stats. 704.21(1). The required notices for non-payment (either 5 day or 14 day, as applicable) must be given to a tenant (or family member at least 14 years of age who is told of the contents) personally. Alternatively, it can be left with any adult apparently in charge and occupying the premises and also mailed to the tenants last...

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How does an employer become an EOE?

Dear Looking. There is no process. Any employer can advertise itself as an equal opportunity employer. In fact, every employer is required by law to be an equal opportunity employer.

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We still haven't received an out of court settlement from 2007. Is there a statue of limitations & is it worth it to hire atty?

As sometimes happens, I respectfully disagree with some of Kevin Davidson's views. First, I do agree to provide some general information about this kind of situation, not legal advice. And I do agree that the statute of limitations hasn't passed. I am also wondering about a couple of things. Generally, an oral contract is enforceable. This includes oral settlements. However, a failure to pay a settlement is the kind of breach that might make it impossible for the contractor to enforce the...

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Can i refuse to supply water to neighbor shared well agreement

I do not give legal advice over the web, but I have outlined some issues you might want to consider. 1. I assume the bad neighbor's use started before you purchased the property. If the use was permissive, you may have the right withdraw permission. However, if the permission was oral, it may be difficult or impossible to prove. 2. If the use has been going on for 20 years or more, bad neighbor may have the legal right to access the well and use the water. There are other ways bad...

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Can my employer tell me i cant return to work while under doctor work order restrictions until able to work with out restriction

Dear Restricted: As a general rule, your employer must offer you alternative work that you can do within your restrictions. However, if the employer does not have such a position available, the employer is not required to create one. You should consult with your human resource department or an attorney to be sure you are getting all of the available disability benefits. You could also check out the DWD website for helpful information related to workplace injuries and/or the Family...

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Can I be sued twice in this situation?

Wisconsin has two provisions for requesting a new trial after judgement in a small claims case. However, the party seeking a new trial must conform to procedures outlined below. Wisconsin Statutes 799.207(3) (a) There is an absolute right to have the matter heard before the court if the requirements of this section are complied with. (b) The circuit court commissioner shall give each of the parties a form and instructions which shall be used for giving notice of an election to have the...

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Abusive non-competative agreement.

I do not give legal advice over the web, but I have listed some issues you may wish to consider, including some general statements about the law. You will need to discuss your situation with an employment attorney in the Coulee Valley. If you don't know an attorney, you can seek a referral through the Wisconsin Bar Association Lawyer Referral and Information Service. Reduced fee consulations may be available. 1. Wisconsin law will not allow an employer to enforce a non-compete that is not...

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Gift tax on irrevocable trust followup

Answer to Land values and taxation of transfer by trust. 1. if the land is worth $250,000, then the transfer would not be subject to federal gift tax, provided you file the appropriate forms. (By the way, I am not a NY attorney, so there may be some NY State or NY City taxes to consider - a factor I neglected to address the first time around). 2. I am unclear about the transfer to daughter. Generally, a trustee holds assets in trust. for land, the trustee appears on the deed as "...

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Employee's rights against possible employer harassment for grabbing hold of employee's arm and yelling at employee

I am an employment attorney and I disagree with Mr. Cotton. (No disrespect, after all there could be no lawsuits at all if attorneys did not disagree). You should consult with an attorney and the minor's school. The answer will depend on all the facts and circumstances. My first thought is that physical force is inappropriate in most circumstances. If the employer and employee are following the law, the employer filed a work permit with the school. One course of action would be to...

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