Motion that should be in every attorneys' toolbox

Oct 23, 2015

OUTCOME: Obtained an Order to Satisfy that part of the claim admitted in Answer pursuant to Wis. Stat. 806.03 and eventually had a motion for summary judgment granted several months later on the unpaid utility bills and unpaid rent.

An owner of a commercial building leased the premises to an LLC who operated a restaurant out of the building. Eventually the LLC failed to pay real estate taxes, utility bills, and rent. The complaint ... , for breach of the lease agreement, identified the amount of each unpaid item and the dates when each item was due. In the answer, the defendant admitted to owing approximately 24,000 in real estate taxes but denied the unpaid rent and unpaid utility bills. I filed a motion under Wis. Stat. 806.03 seeking judgment on the portion of the claim admitted by answer and that motion was granted by the Judge. This was significant because I could docket the judgment and begin debt collection while the case for unpaid rent and utility bills continued.