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Old 10-30-2009, 05:08 PM
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Join Date: Oct 2009
Posts: 1

Been Summoned in Wisconsin


Today I received a summons to appear for an accident that they claimed happenend on or around march 24 of 2006. OVER 3.5 years ago and no firm date?

The claim says I rear ended someone in a town about 50 miles away and was driving wrecklessly and that I was uninsured.

I called the attorney that wrote the claim and asked if I could get more information - police report etc. That I have no knowledge at all about where this is coming from. He did say that my SUV with license plate xxx hit someone and that I should just go to court. Small claims.

First question: Is there a statute of limitations in Wisconsin for something that happened over 3 years ago?

Second queston: I did have insurance on all my vehicles - so the claim is obviously faulty. Does this change the outcome?

Third question: I did have teenagers at the time. The suit lists me as the defendent and the one that was supposed to be driving wrecklessly. Does the fact that someone else may have been driving my car have a potential to change the case? In that case do they file a suit against them and me. I am listed as the defendent and it states I was driving wrecklessly.

Again, if this had been handled with a phone call or a police report over 3 years ago, I could have addressed it. Now I feel like I really am just defending something that I have very limited knowledge to defend.

Thoughts or answers to questions would be appreciated.
  #2  
Old 10-30-2009, 05:46 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,866
SOL for property damage in WI is 6 years.

Report the summons to whoever your insurance carrier was at the time of the accident and follow their instructions. They will provide a lawyer for you if allowed in small claims court, or will advise you on how to present the case. You MUST answer the suit or you will lose by default.
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