Perspectives

Sometimes all you need to navigate the legal landscape is a little information. Our blogs and articles touch on a wide spectrum of legal matters that can pop up in both business and everyday life, and we hope they’ll shed a little light wherever you happen to need it.

Mississippi Legislature Proposes Revisions to Construction Lien Statute

The Mississippi legislature has taken action in response to a recent decision by the 5th Circuit Court of Appeals (see Mississippi’s “Stop Notice” Statute Declared Unconstitutional). That decision limited the rights of subcontractors and suppliers to assert a “stop notice” claim against the owner’s funds on a private construction project in Mississippi.

Sheri Scherer Named Paralegal Section Chair of WI Association for Justice

WFJ’s own Sheri Scherer has been named the Paralegal Section Chair of the Wisconsin Association for Justice, and has been featured in the Association’s quarterly publication, “The Verdict.” 

WFJ Presents: Minnesota Conciliation Court

Conciliation court is also known as small claims court. This court is reserved for claims of $10,000.00 or less for money or property, $4,000.00 for consumer credit transactions, or $15,000.00 for money or personal property subject to forfeiture. You may adjust your claim amount to meet the requirements; however, you cannot later file a claim for the additional amount if the claim involves the same events.

WFJ Presents: Modifying a Child Support Order in Wisconsin

Changing the amount of an established child support order is called an adjustment or modification of child support. The amount of child support may increase, decrease, or stay the same but instead it will add medical support or other variable expenses to the existing order. Either party subject to the order may bring an action for modification.

Wisconsin Small Claims Court

In Wisconsin, small claims actions are limited to $10,000.00 or less for a money judgment based on a breach of contract claim. Third-party complaints, personal injury claims, and actions based in tort are limited to $5,000.00 or less. If your claim exceeds this amount, you will need to file in Circuit court. You may adjust your claim amount to meet the requirements; however, you cannot later file a claim for the additional amount if the claim involves the same events. Eviction actions are also heard in small claims court.

Mississippi’s “Stop Notice” Statute Declared Unconstitutional

A recent decision by the 5th Circuit Court of Appeals  (in Noatex Corp. v. King Construction of Houston, LLC, 5th Cir., Oct. 10, 2013) held that Mississippi’s Stop Payment statute is unconstitutional, thus taking away one of the few remedies available to subcontractors and suppliers on a private construction project in Mississippi.  The court found that the statute interferes with a prime contractor’s right to due process, by depriving the prime contractor of an important property interest: The right to receive payment from the owner.  As a result, the statute was found to be unconstitutional. 

Gary Van Domelen Joining Riverfront, Inc. Board of Directors

Gary J. Van Domelen has been asked to join the Board of Directors for Riverfront, Inc. Riverfront is a not-for-profit organization based in LaCrosse, WI. Riverfront’s mission is to provide a continuum of innovative support for individuals with disabilities so they may live meaningful lives. Riverfront makes support, care, services, and work opportunities available to adults with disabilities.