Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Nathan DeLadurantey
1 Answer | Asked in Collections for Wisconsin on
Q: I was given false information from my debt collection company and advised to drop a collection due to the other law firm

telling my attorney I was deceased. I was told I should drop them for now and we could add them in later. Now I am being garnished by this collection at a higher price then the agreed settlement amount. Do I have any stance to go after my debt assistance company?

Nathan DeLadurantey
Nathan DeLadurantey answered on Oct 1, 2019

It is hard to say based on your question; but it certainly sounds like you may have a case. I would recommend you get a free phone consultation with a Wisconsin consumer lawyer.

1 Answer | Asked in Consumer Law for Wisconsin on
Q: Seeking advise about getting a vehicle replaced

I am writing for my daughter that lives ion Verona. She took her 2018 Hyundai Tuscon to a Chevy dealership for an oil change, as part of a benefit fund raiser. The service staff at the Chevy dealership left the oil drain plug not fully tightened resulting in it falling out and the oil draining,... Read more »

Nathan DeLadurantey
Nathan DeLadurantey answered on Jun 13, 2019

She has several different potential options; and accepting their offer doesn't sound like it makes her whole. I would suggest she contact a consumer lawyer in Wisconsin. They should offer her a free consultation where they can explain her rights and options. Many of them also take cases like this... Read more »

1 Answer | Asked in Collections for Wisconsin on
Q: what is statute of limitations on credit card debt. Last used 2010. Wanting payment in full 2018

Was sent to prison 2010. Wife ran card up to over $6000 without my consent. Now in 2018 credit card company is demanding payment in full. No judgment in past and haven’t heard about it until last 6 months

Nathan DeLadurantey
Nathan DeLadurantey answered on Oct 16, 2018

It's 6 years from the time of default. However, you may be liable for the debt incurred by your wife. Call a consumer lawyer in Wisconsin and get a free consultation.

1 Answer | Asked in Civil Litigation for Wisconsin on
Q: How do I get a satisfaction letter from a plaintiff that is no longer in business???

Small Claims case from 2001 - Claim was reopened in 2010 and filed only. Talked to other party on claim and he was garnished his full amount. According to clerk of courts, we need a satisfaction letter from the plaintiff, but the plaintiff is no longer in business and unable to contact. How do I... Read more »

Nathan DeLadurantey
Nathan DeLadurantey answered on Oct 12, 2018

You're going to need to file a motion with the court. You will need to explain (and show) how the plaintiff is no longer in business and that the judgment should be listed as satisfied. You may want to retain a lawyer to help you, as you are going to need to file a number of different documents... Read more »

1 Answer | Asked in Consumer Law for Wisconsin on
Q: Is it possible to dispute my credit report? Something about it is wrong, there must be a mistake. What should I do?
Nathan DeLadurantey
Nathan DeLadurantey answered on Aug 30, 2018

You certainly have a right to dispute the incorrect information under the Fair Credit Reporting Act. The credit reporting agency (and the company putting the incorrect information on), must investigate your dispute and get back to you in 30 days. Contact a Wisconsin consumer lawyer and get a free... Read more »

1 Answer | Asked in Consumer Law for Wisconsin on
Q: How much time must a creditor give to a debtor to cure a default?
Nathan DeLadurantey
Nathan DeLadurantey answered on May 22, 2018

15 days.

1 Answer | Asked in Consumer Law for Wisconsin on
Q: Any possibility of jail for making a $5000 purchase with my debit card with $25 in the account. I have overdraft protect

What if i make a $1,000,000 purchase and it lets me can i go to jail?

Nathan DeLadurantey
Nathan DeLadurantey answered on May 22, 2018

No, you won't go to jail. Because if your card/bank authorizes the transaction, you'll then owe the bank all that money. They'll freeze your accounts and probably sue you for the money. Don't be stupid; don't do it.

1 Answer | Asked in Collections for Wisconsin on
Q: I need assistance in understanding a legal document
Nathan DeLadurantey
Nathan DeLadurantey answered on Apr 6, 2018

Get a copy of the documents to a consumer lawyer - most of them in Wisconsin offer free consultations. They'll be happy to answer your questions.

1 Answer | Asked in Consumer Law for Wisconsin on
Q: Is it legal for a credit card company to close my account?
Nathan DeLadurantey
Nathan DeLadurantey answered on Mar 30, 2018

Depends on the reason they're closing it. Did they explain why?

1 Answer | Asked in Consumer Law and Small Claims for Wisconsin on
Q: What do I do If I believe my vehicle was repossessed illegally

My vehicle was recently repossessed, and I didn't receive a notice to cure debt . Now I'm told that I have to pay late fee's ,past due balance of $100, and a $299 fee in order to retrieve my vehicle.

Nathan DeLadurantey
Nathan DeLadurantey answered on Feb 9, 2018

You may have a case for an "illegal repossession" and be entitled to get the vehicle back -- AND return of all the money you paid on the car. Contact a local consumer lawyer that specializes in repossession cases and request a free consultation.

1 Answer | Asked in Consumer Law for Wisconsin on
Q: Is it a good idea to opt out of a class action settlement notice you get in the mail?
Nathan DeLadurantey
Nathan DeLadurantey answered on Jan 24, 2018

You really need to talk with a lawyer about that, before making a decision. It will turn on the nature of the class and the type/strength of individual claims you have.

1 Answer | Asked in Consumer Law for Wisconsin on
Q: please help below TIME RUNS OUT out thursday - ALL PAPERS are DUE into court BY THIS FRIDAY !! the 1st of December 2017

In a civil credit card sold debt lawsuit in a circuit court WI law my question is Defendant me filed a production of documents for proof, but the Plaintiff responded objections to each & every listed to produce THE problem IS ALL MOTIONS ARE DUE BY this FRIDAY 2 DAYS, Is there a motion or to end... Read more »

Nathan DeLadurantey
Nathan DeLadurantey answered on Nov 29, 2017

You need to call a consumer lawyer and get some help. They should offer you a free consultation.

1 Answer | Asked in Collections for Wisconsin on
Q: Can a WI credit card collection agency try to collect a debt from 15 years ago? No contact on at least 10 years.
Nathan DeLadurantey
Nathan DeLadurantey answered on Nov 20, 2017

Most likely, no. That's because 6 years after default (assuming they don't have a judgment and you didn't make any partial payments) the debt can no longer be collected. Find a consumer lawyer and get a free consultation to better understand your rights.

1 Answer | Asked in Collections for Wisconsin on
Q: A hospital Bill that you get behind on, can the hospital just send it to collection agency without even notifying you.

They also are charging 5% interest per year but never notified me of that either. I suppose it's all legal but when someone is suppose to pay it and doesn't, it would have been nice to hear it directly from the hospital first.

Nathan DeLadurantey
Nathan DeLadurantey answered on Jul 17, 2017

That's an issue of "hot debate" in the legal community these days. I would recommend talking with a lawyer in Wisconsin that handles "consumer law" issues or debt collection issues. I'm sure they'd be happy to take a look at the collection letter with you. Depending on what the letter says, or... Read more »

1 Answer | Asked in Collections for Wisconsin on
Q: What funds are exempt from garnishment. unsecure credit card companies loans?

Im trying to make arrangement to lower my payment and interest rate. Im not in default or any late payments yet but will be if they wont work with me. Ive become disabled and cant make the payments much longer.

Nathan DeLadurantey
Nathan DeLadurantey answered on Jun 29, 2017

Sounds like you need to utilize something called "chapter 128" that's available to individuals in Wisconsin. You do need to be employed to file; so I"m not sure if you have any employment income in addition to your disability. Here's an article about how a Chapter 128 works:... Read more »

1 Answer | Asked in Collections for Wisconsin on
Q: Can a credit card debt collector freeze my bank account if it only contains disability, pension and IRA deposites?
Nathan DeLadurantey
Nathan DeLadurantey answered on Jun 29, 2017

You'd need to offer a few more details - are you talking about the funds in your checking account? Regardless of the source, you have a balance of $5,000 (based on the state statutes) that's protected from garnishment.

1 Answer | Asked in Collections and Probate for Wisconsin on
Q: Can Aurora Health Care automatically send bills for deceased patient to collection agency? It's their new policy.

I received first and only bill for my deceased mothers care May 30. Called for itemized bill June 1 and was told I could not have itemized bill because deceased patient's accounts are blacked out upon death, however, I might be able to get a copy after her account is closed. Then on June 9 I... Read more »

Nathan DeLadurantey
Nathan DeLadurantey answered on Jun 15, 2017

Are they sending the bill to you? Sounds like you need to locate a Wisconsin consumer law lawyer to review the letter for you. They shouldn't charge you anything to review the letter, explain your rights, and give you some advice.

1 Answer | Asked in Consumer Law for Wisconsin on
Q: Can I apply for a loan modification if I'm already in foreclosure?
Nathan DeLadurantey
Nathan DeLadurantey answered on Apr 17, 2017

Yes, you can. Call up your lender right away.

1 Answer | Asked in Consumer Law for Wisconsin on
Q: A company is stating they are unable to remove a late payment from my credit reporting because it is illegal. True?

They state the FCRA requires them to do so. I have been in good standing and this is a one time occurance.

Nathan DeLadurantey
Nathan DeLadurantey answered on Apr 17, 2017

I am not aware of a law that makes such an action illegal - but most companies have a policy of not doing so.

1 Answer | Asked in Consumer Law and Foreclosure for Wisconsin on
Q: Foreclose hearing set for 4/25/17. Lender has lied to us about loan mod and will not produce the note. What to do?

Last August 2016 we saw discrepancies in our payments being applied. We asked for documentation of payments applied. They lied and on multiple occasions told they were sent to us. We stopped paying, then later they added atty and late fees resulting in large fees being added. Meanwhile they lied... Read more »

Nathan DeLadurantey
Nathan DeLadurantey answered on Apr 17, 2017

These situations are very fact specific. I would recommend filing a complaint with the Attorney Generals office, as well as the Consumer Financial Protection Bureau. Otherwise, you will need to hire a lawyer ASAP to fight off the foreclosure.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.