Defense and counteractions - The Wisconsin Statutes are online at http://nxt.legis.state.wi.us Shaun, you have 120 days after the cause of action to file a lawsuit. Lawyers are supposed to by hyper-aware of time limitations like this. If yours did not inform you, you should be s

Initiate Joined: Jun 20, 2007 Posts: 430

The Wisconsin Statutes are online at http://nxt.legis.state.wi.us

Shaun, you have 120 days after the cause of action to file a lawsuit. Lawyers are supposed to by hyper-aware of time limitations like this. If yours did not inform you, you should be suspicious and ask why, and what else he is keeping from you.

Here's the statute:

Quote:

893.80(1)
(1) Except as provided in subs. (1g), (1m), (1p) and (8), no action may be brought or maintained against any volunteer fire company organized under ch. 213, political corporation, governmental subdivision or agency thereof nor against any officer, official, agent or employee of the corporation, subdivision or agency for acts done in their official capacity or in the course of their agency or employment upon a claim or cause of action unless:

893.80(1)(a)
(a) Within 120 days after the happening of the event giving rise to the claim, written notice of the circumstances of the claim signed by the party, agent or attorney is served on the volunteer fire company, political corporation, governmental subdivision or agency and on the officer, official, agent or employee under s. 801.11. Failure to give the requisite notice shall not bar action on the claim if the fire company, corporation, subdivision or agency had actual notice of the claim and the claimant shows to the satisfaction of the court that the delay or failure to give the requisite notice has not been prejudicial to the defendant fire company, corporation, subdivision or agency or to the defendant officer, official, agent or employee; and 893.80(1)(b)

(b) A claim containing the address of the claimant and an itemized statement of the relief sought is presented to the appropriate clerk or person who performs the duties of a clerk or secretary for the defendant fire company, corporation, subdivision or agency and the claim is disallowed.

I have heard of a new tactic for combating corrupt officials, especially one that have taken an oath of office. Possibly it could be employed here. Many government officials are required to have a fidelity bond as a condition of employment. There is a legal tactic whereby a plaintiff applies to the court for a prejudgement writ of attachment against assets of the defendant, so he can not abscond or hide the assets. Rarely, courts may require surety bonds from plaintiffs to ensure they can pay court costs if they are unsuccessful.

These attachment can be issued against the fidelity bonds of the government officials, which has the effect of hobbling them. They can't be sent out into the field or take any risky decisions, because in effect they are no longer bonded. This tactic is new and experimental, but I like it.

Specifically, police officers in Wisconsin must be bonded. The following statutes cover bonds for villages, towns, and cities:

Quote:

61.22 Official bonds; officers not to be sureties. Every bond required of a village officer

shall be executed with sufficient sureties in a sum fixed by the village board when not otherwise prescribed and be approved by the president. Whenever the village board deems any bond insufficient they may require an additional bond to be executed and filed in a sum and within a time not less than 10 days, to be fixed by them. The village board may provide a schedule or blanket bond that includes any or all village officers or officials.

60.31(2)
(2) Official bond. Every town clerk, deputy town clerk, town treasurer, deputy town treasurer, elected assessor and town constable shall execute and file an official bond provided by the town or by sufficient sureties, or the town may provide a schedule or blanket bond that includes any or all of these officials. The official bond or schedule or blanket bond provided by the town may be furnished by a surety company under s. 632.17 (2). The amount of the bond shall be fixed by the town board. If the amount of the bond is not fixed by the board, the amount shall be the same as that required of the last incumbent of the office. If the town board at any time determines that the bond is insufficient, it may require an additional bond to be filed within 10 days, in an amount fixed by the board.

62.55 Requirements for surety bonds of officers and employees in 1st class cities. If an office or position in the service of a 1st class city involves fiduciary responsibility or the handling of money, the appointing officer may require the appointee to furnish a bond or other security to the officer and the city for the faithful performance of the appointee's duty. The amount of the bond or security shall be fixed by the appointing officer, with the approval of the mayor. Notice of the mayor's approval shall be given to the city clerk by the mayor. Each bond shall be approved by the city attorney as to form and execution and by the common council as to sufficiency of sureties. Any surety company, the bonds of which are accepted by the judge of any court of record in this state, or which is approved by the comptroller of the city, is sufficient security on the bond. The premium on a bond under this section, within the limits fixed by law, shall be paid out of the city treasury. The appointing officer shall immediately after the execution of the bond file the bond with the city clerk. The city clerk shall require compliance with the terms of this section requiring the filing of bonds with the city clerk by officers and employees. Bonds of city officers and employees under this section, duly witnessed and acknowledged, after being approved by the common council, shall be delivered to the city comptroller, who shall have them recorded in the office of the register of deeds. After the bonds are recorded, the bonds shall be returned to the city clerk, who shall keep them on file in the city clerk's office; except that after the recording of the bond of the city clerk by the city comptroller, that bond shall remain on file in the office of the city comptroller. Each bond filed by any surety company shall be accompanied by a duplicate of the bond. The duplicate shall be filed by the clerk with the city comptroller.

Initiate Joined: Jun 20, 2007 Posts: 430

It's interesting what can be found online.

Walworth County has a nice tax database and geographic information system (GIS) at http://tinyurl.com/2qp8lc

Quote:

YOP 00103
CITY OF ELKHORN
1638-SCH ELKHORN AREA

PHILLIP A KOSS
MARY B KOSS
120 N WISCONSIN
ELKHORN WI 53121-0000

Valuation Information

Land: $28,600
Acres: 0.27
Improvements: $184,700
Fair Market Value: $212,756
Total: $213,300

Legal Description

LOT 4 BLK 16
ORIGINAL PLAT
CITY OF ELKHORN

Nice house, Phillip.