WI Judgment Question - FOLLOW UP

[needtodobetter]

I have a judgment for medical bills I am currently making monthly payments on.  I live in WI.  The balance owed on the judgment is approximately $3000.  I have been making monthly payments.  They refused payments prior to filing suit - they gave me 30 days to pay in full or they would sue.  I was unable to make a payment in full, so they sued.  

The judgment was granted in March.  I really want to have the judgment vacated and think I can possibly come up with the remaining balance in the next couple of months (prior to 6 months from date of judgment). 

Below is the WI statute that seems to address judgments.  I deleted the portions that did not deal with my situation (improper service, etc). 

I read it as if I pay the judgment off prior to 6 months (reasonable time) I can file a motion for it to be vacated.  Is that what is meant by “relieve a party….from a judgment”?

I will be consulting with a local attorney, but I was just curious as to others’ interpretations and if anyone has had any luck getting judgments vacated in WI.

Thanks!!

806.07  Relief from judgment or order.

 (1) On motion and upon such terms as are just, the court, subject to subs. (2), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:

 (e) The judgment has been satisfied, released or discharged;

(2) The motion shall be made within a reasonable time, and, if based on sub. (1) (a) or (c), not more than one year after the judgment was entered or the order or stipulation was made. A motion based on sub. (1) (b) shall be made within the time provided in s. 805.16. A motion under this section does not affect the finality of a judgment or suspend its operation. This section does not limit the power of a court to entertain an independent action to relieve a party from judgment, order, or proceeding, or to set aside a judgment for fraud on the court.

****  A motion filed over 6 months after the entry of judgment was not filed within a "reasonable time" under sub. (2). Rhodes v. Terry, 91 Wis. 2d 165, 280 N.W.2d 248 (1979).

[RobertEG]

The cited case, Rhodes v Terry, pertained to an issue of motion to vacate a default judgment based on an assertion of lack of proper service of notice on the defenant within six months.  It did not pertain to the period for requesting relief based on satisfaction of the judgment.

The speciifc periods set forth in both the statute and case law relate to vacature for error, not for equitable relief based on the defendant having satisfied the judgment.

[needtodobetter]

Thank you so much for your response, Robert.  You are always so helpful.

To further clarify then, do you believe there is not a set maxiumum timeframe to filing a motion to vacate for example, it could be a year after the judgment date), or do you believe that a judgment cannot be vacated due to satisfaction regardless of timeframe since the decision date?

Thanks again!

[RobertEG]

In my opinion, you can file a motion based on relief, providing reasons why you feel vacature should be granted beyond the specific 6 month or one year periods set forth in the cited statutory and case law.  They are based on errors in the judgment, not simply equity on the part of the court.

Bottom line is that vacature is not required based on satisifaciton of the judgment.

It is left to the discretion of the court, so I would definately include reasons.

[needtodobetter]

Thanks again!!  I appreciate your input!

It would cause great difficulty to pay it off within 6 months from the decision date (which would be Sept), but I would do it if it was the only way we could file the motion.  However, if there is not the 6 month deadline, we could definitely more easily pay it off by December or January, which would be approximately 8-9 months post decision date.  Right now, we are in a 3-year repayment plan with them (as allowed by Chapter 128 in WI), so hopefully the attorney would not dispute the motion to vacate if they are getting paid in full significantly faster than what is currently scheduled.

[needtodobetter]

I do feel that I have some valid reasons for the judgment to be vacated, but, of course, I need the judge to agree.  I will definitely consult a local attorney to help me with the motion once the judgment is paid in full.

[needtodobetter]

I just wanted to follow up on my post.  

I have spoken with the CA attorney regarding this matter.  I have offered to greatly accelerate my current repayment (plan basically down from 30 months to paid in full by Oct) if they will stipulate to vacate the judgment.  He is going to discuss with his client and let me know if they will agree to that.  I truly hope so - it will be a win-win for both of us.  

Please cross your fingers and send any good spare juju you have :-)  I will update once I hear back from the attorney.  Thanks!

[gdale6]

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@needtodobetter wrote:

I just wanted to follow up on my post.  

I have spoken with the CA attorney regarding this matter.  I have offered to greatly accelerate my current repayment (plan basically down from 30 months to paid in full by Oct) if they will stipulate to vacate the judgment.  He is going to discuss with his client and let me know if they will agree to that.  I truly hope so - it will be a win-win for both of us.  

Please cross your fingers and send any good spare juju you have :-)  I will update once I hear back from the attorney.  Thanks!

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Good luck

[needtodobetter]

Thanks, gdale!

The collection agency's attorney has agreed to request the judgment be vacated as soon as they are paid in full!  I will have it paid off in a couple of months - it is my top priority right now :-)  I am so happy - I know they don't have to and most often do not agree to vacate - I am extremely grateful that they are willing to make an exception. 

Woo hoo!!

[RobertEG]

Hopefully, the judgment creditor's support will influence the judge in his or her discretionary decision whether to grant relief......

Best of luck!