Most states, including Wisconsin, follow the American Rule when it comes to attorney fees. In simple terms, it provides that each side in a lawsuit is responsible for their own attorney fees (win or lose) unless: A statute or law provides otherwise; or A contract provides otherwise. Because the law recognizes your Association documents as […]
The Fair Debt Collection Practice Act (FDCPA) was enacted to protect consumers from unscrupulous debt collectors; as a shield against prohibited acts. However, it is now often used as a sword, by attorneys who are part of a “cottage industry” that simply look for even the smallest of violations and then claim thousands of dollars
Foreclosing on a Unit When Owner Discharged in Bankruptcy Read More »
In New Jersey, the United Stated Bankruptcy Court held in In re. Smiley, 569 B.R. 377 (2017) that a Unit Owner/Debtor can modify the Association’s lien and strip off all but the six month super lien allowed under the state’s condominium act. The facts at the time were that the Association was owed $9,000 for
