Questions Answered by Nathan DeLadurantey

Q: what is statute of limitations on credit card debt. Last used 2010. Wanting payment in full 2018

1 Answer | Asked in Collections for Wisconsin on
Answered on Oct 16, 2018
Nathan DeLadurantey's answer
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.

Q: How do I get a satisfaction letter from a plaintiff that is no longer in business???

1 Answer | Asked in Civil Litigation for Wisconsin on
Answered on Oct 12, 2018
Nathan DeLadurantey's answer
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 with the court.

Q: Is it possible to dispute my credit report? Something about it is wrong, there must be a mistake. What should I do?

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on Aug 30, 2018
Nathan DeLadurantey's answer
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 consultation. They can help you.

Q: Any possibility of jail for making a $5000 purchase with my debit card with $25 in the account. I have overdraft protect

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on May 22, 2018
Nathan DeLadurantey's answer
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.

Q: I need assistance in understanding a legal document

1 Answer | Asked in Collections for Wisconsin on
Answered on Apr 6, 2018
Nathan DeLadurantey's answer
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.

Q: Is it legal for a credit card company to close my account?

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on Mar 30, 2018
Nathan DeLadurantey's answer
Depends on the reason they're closing it. Did they explain why?

Q: What do I do If I believe my vehicle was repossessed illegally

1 Answer | Asked in Consumer Law and Small Claims for Wisconsin on
Answered on Feb 9, 2018
Nathan DeLadurantey's answer
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.

Q: Is it a good idea to opt out of a class action settlement notice you get in the mail?

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on Jan 24, 2018
Nathan DeLadurantey's answer
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.

Q: please help below TIME RUNS OUT out thursday - ALL PAPERS are DUE into court BY THIS FRIDAY !! the 1st of December 2017

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on Nov 29, 2017
Nathan DeLadurantey's answer
You need to call a consumer lawyer and get some help. They should offer you a free consultation.

Q: Can a WI credit card collection agency try to collect a debt from 15 years ago? No contact on at least 10 years.

1 Answer | Asked in Collections for Wisconsin on
Answered on Nov 20, 2017
Nathan DeLadurantey's answer
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.

Q: A hospital Bill that you get behind on, can the hospital just send it to collection agency without even notifying you.

1 Answer | Asked in Collections for Wisconsin on
Answered on Jul 17, 2017
Nathan DeLadurantey's answer
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 how it's detailed, it may be a violation of a federal law for them to charge the interest that way.

Q: What funds are exempt from garnishment. unsecure credit card companies loans?

1 Answer | Asked in Collections for Wisconsin on
Answered on Jun 29, 2017
Nathan DeLadurantey's answer
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: http://www.huffingtonpost.com/entry/live-in-wisconsin-and-in-debt-chapter-128-is-your_us_58f4fcb7e4b015669722516d

Q: Can a credit card debt collector freeze my bank account if it only contains disability, pension and IRA deposites?

1 Answer | Asked in Collections for Wisconsin on
Answered on Jun 29, 2017
Nathan DeLadurantey's answer
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.

Q: Can Aurora Health Care automatically send bills for deceased patient to collection agency? It's their new policy.

1 Answer | Asked in Collections and Probate for Wisconsin on
Answered on Jun 15, 2017
Nathan DeLadurantey's answer
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.

Q: Can I apply for a loan modification if I'm already in foreclosure?

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on Apr 17, 2017
Nathan DeLadurantey's answer
Yes, you can. Call up your lender right away.

Q: A company is stating they are unable to remove a late payment from my credit reporting because it is illegal. True?

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on Apr 17, 2017
Nathan DeLadurantey's answer
I am not aware of a law that makes such an action illegal - but most companies have a policy of not doing so.

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?

1 Answer | Asked in Consumer Law and Foreclosure for Wisconsin on
Answered on Apr 17, 2017
Nathan DeLadurantey's answer
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.

Q: I bought a car from 199ride.com Wausau auto. They lied to the bank about my monthly income. Now the bank has backed out

1 Answer | Asked in Consumer Law for Wisconsin on
Answered on Apr 17, 2017
Nathan DeLadurantey's answer
They do have to find you financing; or service the loan at the terms offered. Locate a consumer lawyer for advice if they don't offer this to you - or worse yet, offer you worse terms from some other financing place. We call that "yo-yo" financing.

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