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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am the plantiff in theft of property in Wisconsin. I know

Customer Question

I am the plantiff in theft of property in Wisconsin. I know and have the 2 defendants in court proceedings. Is there a statue stating they must attend mediation, especially if ordered by a judge?
It seems I should be asking them INTERROGATORIES Wis Stats. 804.08 & 804.09. I know all the answers to their questions through communication, witnesses and sheriff's reports.
My question...how specific do I get w/ my questions?
An example: would I ask were you advised by JH that the property belonged to RR(me) or do I simplify and keep vague?
One of the defendants that sold my property to the other claimed to the sheriff, in report, he had no idea where property went, upon further naming a second defendant in case, it has come out there is actually a bill of sale. How would I word this question?
Can you please site some cases or statues that would help me recover my losses in all respects.
Summary: defendant 1 sold - gave away my property that was on his property. I have agreement w/ defendant 1 to have it there, he also clearly states that in sheriff report. I was never contacted in any way and he knows he did wrong. They never intended me to go this far. Defendant 2 took-maybe purchased (I believe "cash" receipt is bogus, not a receipt) the property he clearly knew was mine.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is no "statute" saying they must attend mediation. The judge can order them to attend mediation and if they fail to do so, then they can be held in contempt of court and penalized by the judge for not abiding by the court's orders.

Interrogatories can be sent to both defendants separately, you can ask for information from them that you would like to know, including names, addresses or any other information.

You also can send them Request for Production, where you can ask them to produce any documents that you need or you believe they have that could lead you to find evidence you have. You ask them to produce the bill of sale, for example.

Finally, you can send Requests for Admissions, where you can make statements of fact requiring them to admit or deny those statements.

You can ask in interrogatories if they were informed of the property belonging to you and who informed them. You want to leave it open to let them answer.

You do not need "cases or statutes" in a simple conversion case (conversion is taking someone's property). Your complaint is that it is your property and Defendant 1 had no right to sell it, converted it, and you are entitled to the money or if Defendant 2 knew it was stolen the recovery of your property.

Customer: replied 1 year ago.
Thanks so far...I did have a attorney find a previous case (some time ago and he turned out to be a fluke) where the plantiff was awarded damages, replacement of equal property, etc. I don 't have that case #*****
It would seem a judge and settlement is going to be much easier w/ actual previous cases to go off and refer to.???
How do I best handle she said he said?
How do I best validate verbal agreements?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
A judge and trial on this type of case does not require case law, it is based on the facts, not case law.
You need to have some evidence to refute he said she said statements or you can also attack them based on "self serving statements of the defendants trying to deflect liability (which is weak, but if you have no evidence or testimony from someone else it is the best you can do)."
Verbal agreements need some witness or you have to validate it by performance of the parties on some of the agreement to show that one party performed and there had to be some type of agreement to do so.
Customer: replied 1 year ago.
I know it doesn't require case law, however you are going to get much further w/ specifics to site. A judge and jury is going to be more apt to follow similar awards of similar case. It seems I have seen this time and time again. The defendants are going to be more apt to settle.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Think about what you just said above, "I know it does not require case law," which means it is not necessary in this case.

It is a property case, there is no case law for them to follow, all you are entitled to is value of the property or return of the property, they do not have to follow a similar case for deciding your award.

Customer: replied 1 year ago.
you are right and sharp.
Why wouldn't they follow or give some credibility to similar case law? R U saying they can't none what so ever?
The case law is nearly identical to mine, just the stolen product is a hair different...
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, but there are no actual legal issues here requiring case law, it is an issue of your property and them having rights or not to sell your property. You can use case law on appeals, but not to a jury (it confuses juries) and a judge does not need case law unless there is an actual question of law (not facts) that needs to be clarified. So you do not pull out case law unless there is a dispute on the specific law itself.
Customer: replied 1 year ago.
thank you for clarifying, wish I had talked w/ you before previous fluke made all these promises and cases to site to win.
Would there be any changes in my situation that would cause case law to be more valuable?
So actually I should get permission to access property and expert witness to value stolen property on defendant 2's property and let judge make decision from there?
Defendant 2 used the stolen property to make a landscape wall. The stolen property is large boulders.
I would much rather just have the boulders back. Does he have an argument they are now needed for water problems, structural, etc and I can't get back my actual boulders? There was no wall there before or water problems
Expert:  Law Educator, Esq. replied 1 year ago.
thank you for your reply.
The case law would help if any question of law comes up. If there is no question of law, the cases do not make a difference.
You can argue that the boulders need to be returned as the value was the utility and function they served and money would not cure the damage to your property.
You are now getting into an area where the judge will have to weigh the facts.
Customer: replied 1 year ago.
actually I should get permission to access property and expert witness to value stolen property on defendant 2's property and let judge make decision from there? Even though I want the property back? At some point I would imagine value would come up?Does a person combine all 3 of these at once? if not what is procedure?
1( Interrogottories
2(Request for Production
3(Requests for Admissions
Expert:  Law Educator, Esq. replied 1 year ago.

thank you for your reply.

Yes, you can get an expert involved to make the determination and present the facts to the court for the judge to decide the best options.

You can send interrogatories and request for production first. Once you get all of the information back, you can formulate your requests for admissions and send them off. That is the usual progression.

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