Wisconsin Collections Questions & Answers

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: Judgement paid in full need satisfaction letter. Who do I contact?

1 Answer | Asked in Small Claims and Collections for Wisconsin on
Answered on Apr 23, 2018
Sarah Lynn Ruffi's answer
You should contact the creditor.

Q: In a medical practice, if I have patients sign a billing policy indicating these details, can I then charge them

1 Answer | Asked in Collections for Wisconsin on
Answered on Apr 23, 2018
Sarah Lynn Ruffi's answer
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 a consumer debt. You should have your billing policy reviewed by an attorney to make sure that you are not violating the Wisconsin Consumer Law.

Q: I have a note against the company I work for. I loaned the company money. How can I collect the money?

1 Answer | Asked in Business Law, Collections and Employment Law for Wisconsin on
Answered on Apr 23, 2018
Sarah Lynn Ruffi's answer
It depends on the actual language of the note.

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: 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: I am ready to send a business owner the creditor demand letter. Do I need to mail it?

2 Answers | Asked in Business Law and Collections for Wisconsin on
Answered on Sep 6, 2017
William F Sulton Esq.'s answer
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.

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: How can I get relief or exempt from the garnishment of my wages?

1 Answer | Asked in Collections for Wisconsin on
Answered on Sep 14, 2015
David B. Levin's answer
The amount that can be withheld from your paycheck to satisfy a judgment is set by state and federal law. Although there are some exceptions, in Wisconsin that limit is typically 20% of your disposable income. You may want to talk with a bankruptcy attorney about whether Chapter 7 might be a good solution for you. Depending on the amount of the debt, your other debts and your income, you may find that bankruptcy provides the relief that you need--the automatic stay that takes place in most...

Q: After billing how long does a business or collection agency have before the bill is no longer viable?

1 Answer | Asked in Collections for Wisconsin on
Answered on Jun 28, 2013
Rachel Lea Hunter's answer
They have until the expiration of the statute of limitations. I am not licensed in Wisconsin - some states have 3 years (like NC) or 4 years (like PA) or 6 years (like GA).

Wisconsin seems to be 6 years, but I am not certain what kind of debt this is (credit card or other) and it may be a shorter or longer time.

Statutes of limitations are tricky things. Where was the debt incurred? Was it WI or somewhere else? Have you ever left WI? What does the state tolling statute say if...

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