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Assisting with debt collection matters, enforcement of creditors rights, and helping debtors navigate the collections process
Most people need to use credit in some form for things like vehicle purchases, mortgages, credit cards, and medical bills. Being able to pay for a large purchase in smaller increments over time can help you manage your budget more effectively. But what happens when a debtor falls behind? If you are a creditor, our collections attorneys can assist you in collecting on delinquent accounts. If you are a debtor, our collections attorneys can assist you in navigating the collections process. Know what your rights and options for collections are when it comes to collection and get assistance with legal services from the Wisconsin collections lawyers at West & Dunn.
What Types of Cases Do Collections Attorneys Take?
Our collections attorneys assist creditors and collection agencies with collection of delinquent accounts, through both pre-lawsuit measures, litigation, and post litigation collection measures. Our collections attorneys also assist debtors with achieving resolutions to collections proceedings.
- Securing judgments
- Domesticating judgments
- Foreclosure of real estate mortgages
- Foreclosure of land contracts
- Replevin and Repossession of collateral
- Earnings garnishments
- Non earnings garnishments.
What Is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act is a federal law that went into effect in 1978. It outlines what collection agencies and other creditors are able to do to attempt to collect on unpaid debts.
The Fair Debt Collection Practices Act also provides consumers with the legal means to hold creditors accountable for illegal debt collection practices. This means that a debtor may be able to sue a debt collector in the civil courts in some situations.
What Is the Statute of Limitations for Debt Collection in Wisconsin?
Statute of limitations is a legal term that you often hear, and it refers to how long you have before you can file a suit against someone or pursue a criminal case. There is also a statute of limitations for how long creditors have to collect on a debt. In Wisconsin, this is 6 years from the date of the last payment on the account.
I Have A Judgment From Another State Against a Wisconsin Resident. How do I collect on it?
To collect on a judgment from another state against a Wisconsin resident, you will first need to domesticate the judgement. To domesticate a foreign judgment in Wisconsin you will first need to obtain an authenticated copy of the original judgment. After obtaining the authenticated copy of the original judgment, you will need to file an action in the Wisconsin county where the debtor resides. After filing the action you will need to serve the debtor with a copy of the action. After serving the debtor, the debtor will have a chance to respond and request a hearing.
If the debtor does not respond judgment will be entered by default. If judgment is entered at the hearing or by default, you may then collect on the judgment through collection methods including an earnings or nonearnings garnishment. To get assistance domesticating a foreign judgment or to get your questions about collections actions answered, call West & Dunn at 608-490-9449.
What Should I Do If I Don’t Owe the Debt?
If you are receiving collection calls about a debt you don’t believe you owe or that you already paid, there are some steps you can take. A creditor must provide proof that you owe the debt if you request it. They must also stop attempting to contact you until they verify the debt. If there is a mistake with the debt, such as the debt being filed under an incorrect name, you can also have any negative marks on your credit report associated with that debt removed. If you already paid a debt and the company is continuing to attempt to collect it, speak with an attorney.
While creditors have the right to collect money owed to them, they have to do so in accordance with the law. If you are being contacted by creditors and you’re not sure what to do, contact the Wisconsin collections attorneys at West & Dunn by calling 608-490-9449.