Hello and thank you for allowing me the opportunity to assist you.Q: can we dispute the unpaid post judgment interest? the settlement agreement clearly stated no interest and if defendant defaults $3000 would be added to unpaid balance. nowhere did it say he would also incur post judgment interest.A: Yes, your husband can dispute the interest. However, I can't say with any certainty that he'd win. First and foremost, Wisconsin law expressly allows interest on judgments. So, the plaintiff will argue that the settlement agreement doesn't have to state that she's entitled to interest ... the law entitles her to interest. The settlement agreement states that she can have a judgment, and she can argue that it is implied that she is entitled to all of the benefits of that go with a judgment, such as putting a lien on property and obtaining interest. She'll say that the settlement agreement doesn't have to state that she's entitled to interest. Your husband's argument would be that the settlement made it clear that if there is a breach, then your husband would have to pay $3000 extra. The fact that the settlement states what she can have, implies that she can't have anything else, like interest. In other words, if the parties had wanted her to have interest, then the settlement agreement would have stated that she can have interest.Those are the two arguments. Your husband may wish to go to go to the garnishment hearing and argue. I think that either party could win, but to be honest I'd have to give the edge to the plaintiff because I do believe that giving somebody a judgment implicitly means that they are entitled to all of the benefits that go with a judgment, and that if interest was not supposed to be included, then the settlement agreement would have had to specifically state that. But while I think that's the stronger argument, I do think that your husband has a chance to win, so it may be worthwhile attending the hearing.Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service! If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
I don't see an answer to my question regarding: can we check the "I have another defense to this earnings garnishment" box? and attach copies of the original settlement, the default papers and an offer to settle immediately?
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