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TJ, Esq.
TJ, Esq., Attorney
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Experience:  Licensed to Practice Law
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In 2008 my boyfriend was sued by his ex girlfriend and the

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In 2008 my boyfriend was sued by his ex girlfriend and the parties came to an agreement as follows:
defendant will reimburse plaintiff the amt of $8500.00 which represents full and final settlement .
defendant shall pay the reimbursement amount of $8500 in monthly payments of $100 without interest on or before the 5th commencing aug 2008.
In the event of default by defendant, plaintiff is entitled to a judgment in the amt of outstanding balance owed on the $8500 debt plus $3000.
both parties agree to pay their own attorneys fees.

defendant paid $1300 and stopped paying due to financial hardship.
in novemeber of 2009 plaintiff filed default judgment with court stating defendant had made payments totaling 1300 toward debt ,stopped paying after sept 20 2009 and is in default. defendant failed to abide by terms of stipulation and plaintiff is entitled to judgment of 7200 plus an additional 3000 for total judgment of 10,200.

both the defendant and myself thought that the 3000 was the punishment for defaulting along with having this on credit report and possible lien against homestead.
in 2012 defendant and I married.
yesterday my husband (defendant) received in the mail an earnings garnishment/debtor's answer.

in the earnings garnishment paperwork to garnishee the plaintiff added unpaid post judgment interest and estimated costs of this earnings garnishment to the unpaid balance on judgment plus the $3000 .
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. we thought she had placed a lien against the house and were in the process of selling collectibles on ebay in the hopes to come up with enough to offer a settlement amount to have this concluded.
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?
and is she legally able to add unpaid post judgment interest?
Submitted: 11 months ago.
Category: Legal
Expert:  TJ, Esq. replied 11 months ago.

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.

Customer: replied 11 months ago.


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?

Expert:  TJ, Esq. replied 11 months ago.
Hi again.

The answer is yes, you may check that box, attach copies, and offer to settle.

I'm sorry for not being clear about that.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9587
Experience: Licensed to Practice Law
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