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RavenZ27

Crazy Lawsuit

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On May 27, 2005 my wife was involved in a minor accident durring which she rear-ended a vehicle at an intersection with only minor damage(broken tail light) and received a ticket for in-attentive driving. Her license was suspended following the incident because she could not pay the ticket, but some time later she paid the ticket and reinstatement fees with no problem or further incident and her license has been fine for the past few years, with the exception of having to carry SR22 insurance because my wife did not have insurance at the time (in wis. you are not required to by law). Today we received a notification from the DMV stating that her license and registration has been suspended due to failure to pay an April 23, 2009 judgement in the amount of approx. $4000.00 regarding this accident from 2005. She was not served court papers or made aware of the lawsuit in any way, and has received nothing from either the courts or the lady's insurance agency in the 4 years since the broken taillight. This is literally the first we were made aware of any of this. And now her license is suspended and we owe $4000.00 due to a taillight? Is this legal since she wasn't served or notified of anything and the lawsuit and judgement were completed without our knowledge? And what about it being 4 years later, is there a statute of limitations on this type of stuff? This just seems very underhanded considering that the DMV had no problem getting the letter to us today, but everything else was done without our notification. We did move three weeks before the judgement was made, but all mail was forwarded and the current resident of our old home is a dear friend of ours and received nothing at the house.

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Your wife needs to talk with an attorney about filing a motion to vacate the judgment.

You don't say what arrangements your wife made to pay for the other party's property damage at the time. I believe there's a 6-year SOL on property damage in WI, and a 3-year SOL on personal injury. I hope your wife took pictures at the time if she's asserting it was simply a broken tail light (I also presume you know the party who sued her and won a judgment is the same as the party she hit four years ago).

It wouldn't presumably be illegal for the DMV to suspend one's license due to an unpaid judgment.

"And what about it being 4 years later, is there a statute of limitations on this type of stuff?"

Since we know nothing about the basis of the lawsuit or even when it was filed, I'm not sure how we could be expected to know the answer to this.

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