wis stat 806.7

[intaglio]

What is the name of your state? wisconsin
I recently lost a case in small claims court. The plaintiff was caught in a number of lies. His attorney's closing statement included the statement that he knows that his client did not tell the truth 100% of the time--and the judge still passed a guilty judgement on us. Is there anything we can do?

 

[HomeGuru]

What is the name of your state? wisconsin
I recently lost a case in small claims court. The plaintiff was caught in a number of lies. His attorney's closing statement included the statement that he knows that his client did not tell the truth 100% of the time--and the judge still passed a guilty judgement on us. Is there anything we can do?

**A: you see what happens when you don't have an attorney?
The judge still ruled against you and may have accepted that the plaintiff told the truth 99.9% of the time.

 

[DRN]

You probably have an appeal process.

If you do, there is most likely a short time period for filing your Notice of Appeal.

I'd get busy.

 

[DRN]

I searched for Small Claims rules under Wisconsin law. I didn't see anything for appeal but I think they don't refer to it as an appeal.

From Findlaw.com:

799.28 New trial.
799.28(1)
(1) Motions for new trial. Motions for new trial in the trial court are governed by s. 805.15. A motion for a new trial must be made and heard within 20 days after the verdict is rendered, unless the court extends the time as provided in s. 801.15 (2) (b). If the motion is not decided within 10 days of the date of hearing, it shall be deemed denied. The entry of judgment by the court without deciding a pending motion for a new trial shall be deemed a denial of the motion.

 

[intaglio]

reply to home guru

the case had to do with the plaintiff saying we had wrecked his motorcycle. my husband had bailed him out of jail and took the bike as collateral. he broke probation and was put back in jail. my husband took the bike out once and when the plaintiff got out-he sued us. the first hearing, the plaintiff said he paid 9500 for the bike-and lied about us wrecking it. we produced dmv papers which stated he paid 200-we were granted a motion for reconsideration based on wi stat 806.7. the second trial was after a deposition on the plaintiff in which he was caught in more lies. we have over 4000 in attorney bills and we still lost--the plaintiff attorney was good-ours was not. do we have recourse for the plaintiff lying, his attorney admitting his client was not truthful and/or poor representation?

 

[JETX]

A Wisconsin Small Claims judgment can be appealed by application to the WI Court of Appeals.

Since this is a higher court and requires at minimum a fundamental understanding of law and appellate procedures, an attorney is advised.

Depending on the amounts and issues, this may, or many not, be practical.

 

[JETX]

Also, I believe your WI statute reference is incorrect, there isn't an 806.7.

However, there is an 806.07 which I think is the one that you were intending to reference. It says:
"806.07 Relief from judgment or order.
(1) On motion and upon such terms as are just, the court, subject to subs. (2) and (3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:
(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly-discovered evidence which entitles a party to a new trial under s. 805.15 (3);
(c) Fraud, misrepresentation, or other misconduct of an adverse party;
(d) The judgment is void;
(e) The judgment has been satisfied, released or discharged;
(f) A prior judgment upon which the judgment is based has been reversed or otherwise vacated;
(g) It is no longer equitable that the judgment should have prospective application; or
(h) Any other reasons justifying relief from the operation of the judgment.

(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."

If that is the statute you were referencing, then you would have to make a motion for the court to reconsider, include your basis for the reconsideration (FACTUAL, not 'how abouts'), and ask that the court reverse its prior ruling.