QUESTION

pay day loan issue

Asked on Apr 09th, 2013 on Collections - Wisconsin
More details to this question:
Had person saying he's a lawyer and gave me 3 high options to pay bill. Right now we are below poverty level as we never have been. My husband had back surgery and works for BNSF railroad and is now back to work as of 3 weeks ago after 17 months being off. I lost my job after 10 years. They told me I can get criminal charges if I don't pay on their 3 options. We are just getting on our fret now. I can't pay 1,4.00.00 or even 700 or 5 pmtz S of 255/month. They said I would pay court costs and be served. It is a 300.00 loan originally. Can I go to jsi I'm willing to pay... but can't afford much til we get back on our feet.
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1 ANSWER

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.
Answered on Apr 10th, 2013 at 3:57 PM

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