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Municipality in suburbs of Waukesha county, filed against me…

Customer Question
Municipality in suburbs of...

Municipality in suburbs of Waukesha county , filed against me in 2008.

Lawyer's Assistant: Where is the property located?

Since I relocated to Arizona, case was won by default. In 2011 ,started receiving notices in Arizona from Wisconsin Department of Revenue..for amounts owed to Village of Elm Grove, "since we have agreement with WDR to collect our debts"? Fast forward to 2017, now I am receiving calls from WDR (which I do not answer) demanding repayment "of the taxes you owe" .

Lawyer's Assistant: Has any paperwork been filed?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are other details...not sure they are pertinent....like demand from WDR to sign "repayment agreement"

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 3 days by:
12/25/2017
Real Estate Lawyer: Lori, Lawyer replied 7 months ago
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,415
Experience: Real Estate Attorney with over 25 years experience
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Hello. Let me see if I can assist you. If the Wisconsin DOR has not obtained a judgment in Arizona yet - they cannot enforce collection against you. I am assuming they obtained a judgment against you by default in Wisconsin.

If a debt collector sues you in another state, you will receive a notice or summons from the court. If you do not defend the case against you or you appear but loose the case, the court will enter a default judgment against you. Once the debt collector obtains a judgment in another state he can enforce the judgment against you. However to do this he must obtain a sister state judgment from the state where he or she is enforcing the original judgment. The debt collector can enforce the judgment against you in the state you are residing or in any other state where you have assets or properties that can be levied to satisfy the judgment.

To get a sister state judgment, the debt collector must apply to a Superior Court in the state where he is seeking to enforce the judgment (Arizona). The application must be accompanied by a certified or authentic copy of the original judgment. Once the application is filed, the debt collector is required to give you a notice of filing. Once you receive the notice of filing, you can oppose the application for sister state judgment on various grounds. These include defects in the issuance of the judgment or that the judgment is conditional or not final.

Short answer -- Wisconsin DOR needs to get a judgment in Arizona to collect.

Hope that helps. If satisfactory, a positive rating would be appreciated.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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