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Wisconsin Collections Questions & Answers
1 Answer | Asked in Collections for Wisconsin on
Q: Can creditor take your Social Security?

Social Security is the only income and there are no assets

Joel Gary Selik
Joel Gary Selik
answered on May 11, 2024

No.

But you may have to timely file a claim of exemption.

2 Answers | Asked in Collections, Insurance Bad Faith, Car Accidents and Small Claims for Wisconsin on
Q: Insurance fraudulent filings & collection = eternal servitude?

In 2016 I gave my child a vehicle. They were instructed to register it and get insurance. They did neither. Instead they were rear-ended, causing them to rear-end another while at a dead stop. In 2017 my child and myself were sued. 3 months later the suit was dropped, I assumed because my child... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 13, 2024

You are on the hook. Whatever you are paying apparently isn't reducing the principal. I fail to understand why plaintiff's attorney will not provide you a balance. What they won't do is send you a monthly statement.

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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Wisconsin on
Q: What is the best approach to negotiate with a collection agency after garnishments have been issued?
J. David Krekeler
J. David Krekeler
answered on Jun 3, 2023

A: There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.

But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more...
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2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 31, 2022

About fifteen years ago, one of the lawyers in my regional US Trustee's office told me the latest thing used by unscrupulous debtors was to use a social security number that was maybe one digit off/erroneous. The reason was to fool the system so that the bankruptcy would be noted on someone... View More

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1 Answer | Asked in Collections, Native American Law and Probate for Wisconsin on
Q: My friend died. Can her siblings just give me all of her possessions?

She was estranged from her siblings. They don't want to deal with any of the things that need to happen after someone dies. They've told me I can have her possessions; I know she does not have anything of much value. Is there a way that I can take over here final affairs from the... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2022

It is difficult to answer your question without knowing exactly what comprises your friend’s estate. But, yes, it is possible for you to be appointed by the court to handle the distribution of her estate. That will probably require the siblings to sign consents. Also, understand that you will... View More

1 Answer | Asked in Divorce and Collections for Wisconsin on
Q: Can my fiance's charged-off debt come to me once we are married?

My fiance has a bad auto debt with his ex-wife. She got the vehicle in the divorce. However, failed to make the payments. The account shows on my fiance's credit report as Charged-off with a $0 balance.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 4, 2021

Your fiance's premarital debt is her debt, and not yours. Any debt she brings into the marriage is hers. Absent a prenuptial agreement, any debt you accumulate during the marriage will be joint.

1 Answer | Asked in Collections and Traffic Tickets for Wisconsin on
Q: Can the state of Wisconsin Dept of Rev collect on a 8 year old traffic violation? I just received notice.

I was an out of state commercial driver.

Michael Hayes
PREMIUM
Michael Hayes
answered on Mar 24, 2020

Yes. In Wisconsin a judge can order indefinite income tax refund intercept if the ticket is not paid by the deadline set in court, usually within 60 days of judgment.

1 Answer | Asked in Consumer Law and Collections for Wisconsin on
Q: Have a wage garnishment. The amount of judgmenta was 5,749.27. Have paid 11,297.98 to date.

Recieved a letter saying it has been closed and no further payments are to be made. Just received another letter that they are garnishing my wages for 3,620.04...is this legal?

Nathan DeLadurantey
Nathan DeLadurantey
answered on Oct 29, 2019

Gather up those letters and get them to a consumer lawyer for a free consultation. They should offer you a free consultation to review the documents and determine if you've been garnished too much money.

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 Tax Law, Collections and Elder Law for Wisconsin on
Q: Can the State of Wisconsin garnish a persons pension payment? I'm 69, receive SocSec and a small pension from UPS.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 24, 2019

As is usually the case when open-ended questions like yours are asked by non-lawyers the answer will be "It depends."

In this case it depends upon the reason for the wage garnishment. If Wisconsin law allows the state to garnish wages in certain cases (like failure to pay...
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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 Collections for Wisconsin on
Q: In a medical practice, if I have patients sign a billing policy indicating these details, can I then charge them

Them , should they go to collection, the collection fee I would be charged, in addition to their paying the bill owed?

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

It depends what details are included in your billing policy. Presumably, your patients would be individual so the transactions would be covered by the Wisconsin Consumer Law, which imposes limits on what a consumer can be charged. For example, you cannot charge reasonable attorney fees to collect... View More

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 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 Business Law, Collections and Employment Law for Wisconsin on
Q: I have a note against the company I work for. I loaned the company money. How can I collect the money?
Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

It depends on the actual language of the note.

2 Answers | Asked in Business Law and Collections for Wisconsin on
Q: I am ready to send a business owner the creditor demand letter. Do I need to mail it?

This business owner owes me over $10,000. I texted him and emailed him asking him to pay me back but he just ignore me. I can mail a demand letter to him but my guess is he won't read it. I just want to start this process. How should I start? Thanks!

William F Sulton
William F Sulton
answered on Sep 6, 2017

You should consider filing a lawsuit. If the contract is between two businesses, you will need to hire a lawyer because only a lawyer can represent a business in court.

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1 Answer | Asked in Small Claims and Collections for Wisconsin on
Q: Judgement paid in full need satisfaction letter. Who do I contact?

Paid judgement in full. Need to file with the courts to purchase a house. Who do I call to get satisfaction of judgement?

Sarah Lynn Ruffi
Sarah Lynn Ruffi
answered on Apr 23, 2018

You should contact the creditor.

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.... View 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... View More

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