Wisconsin Collections Legal Questions

Hello, A garnishment order generally allows a creditor to garnish the amount in the judgment, as well as additional interest, fees, or costs of collection. https://www.consumerfinance.gov/ask-cfpb/can-a-debt-collector-take-or-garnish-my-wages-or-benefits-en-1439/ WI 812.32  Earnings garnishment generally. Earnings garnishment is an action to collect an unsatisfied civil judgment for money damages plus statutory interest and costs, from earnings payable by the garnishee to the debtor. https://docs.legis.wisconsin.gov/statutes/statutes/812/ii/34 There could be postjudgment interest accruing on the previous judgment.  Thank you ... Read More

You asked if you can resell a product, which frankly has nothing to do with your situation.  No, absent a contract which gives you the right to do so (I assume your promissory note doesn't provide for this), you can't sell someone else's property just because you claim they owe you money.  You have to sue your debtor and, assuming you win and obtain a judgment, and he doesn't pay the judgment, you can then avail yourself of a number of different procedures to get your money, including auctioning off his property to pay the debt.... Read More

In Wisconsin, you cannot be jailed for not paying a consumer debt. If the collection agency contacting you, lawyer or not, is threatening you with jail if you don't pay, that is a violation of Federal and Wisconsin consumer protection law. The creditor and its collection agency has no power to take your wages or force you to pay unless and until it files a court action and gets a judgment. Then, there are protections and exemptions from garnishment, particularly if you are at or below the poverty line for income. You may be well served by consulting with an attorney that handles debt collection harassment and defense of debt claims. Also, if you have other debt, you may want to consult with an attorney that also handles bankruptcies, as that may afford you protections from collections as a whole.... Read More

If you cannot negotiate something acceptable, you could consider filing a petition with the courts under Wisconsin Statutes Chapter 128. This provides a means to stop all interest and other fees from continuing to accrue on the debt and a means to extend the time to pay the debt over a period of time. Contact your local clerk of courts at the county courthouse to see if they can provide you with any information on the Chapter 128 proceeding, as they may have some self-help material available to you.... Read More

In order to stop the collections calls from coming, you need to draft a letter to the collections agency stating that they may no longer contact you.  Should the collection agency continue, you need to look into reporting the agency to state and federal consumer protection agencies. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More