Legal Question in Consumer Law in Wisconsin

I enrolled in a debt management plan and assured that all my creditors agreed to the payment plan and that my accounts were all being paid on time and current. I found out that ALL of my accounts were at least 90 days past due and the agreed upon payments were insufficent to cover my past due ammounts. My credit reports show that I am delinquent even tho i have been making the agreed upon payments on time. My credit card companies refuse to take the delinquent payments off my credit reports. What are my legal rights as far as getting my credit fixed and suing the company that LIED to me?


Asked on 7/26/10, 4:05 pm

2 Answers from Attorneys

JAY Nixon nixon law offices

The voluntary debt modification process which you have entered into is often impossible to pull off if your creditors are too aggressive or you have too many debts. A high percentage of my bankruptcy clients come to me after they have already invested thousands of dollars in such plans, only to have them eventually fail for exactly the reasons you describe, with all their money wasted. The problem is really the simple fact that such plans are voluntary, both for you and for the creditors, and have no force of law. Anyone can change their mind at any time, unlike a bankruptcy filing which protects you with powerful federal laws against continued creditor collection activities once you have filed. If the creditors ignore this, you can actually make money by suing them for contempt of court sometimes, and actually have them pay your attorney fees for that process. Bankruptcy is actually a constitutional right in the United States which is taken very seriously by the courts. In WI, if you are well represented you may be allowed to retain up to $5,000 in cash, $75,000 in home equity, $6,200 in personal possessions and vehicle equity, in addition to dozens of other �exemptions,� which are legally recognized necessities of life which cannot be taken away from you without your consent, as long as they are properly claimed by your attorney. You therefore owe it to yourself to at least schedule a free initial consultation with a bankruptcy lawyer. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.

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Answered on 8/07/10, 5:10 am
JAY Nixon nixon law offices

The voluntary debt modification process which you have entered into is often impossible to pull off if your creditors are too aggressive or you have too many debts. A high percentage of my bankruptcy clients come to me after they have already invested thousands of dollars in such plans, only to have them eventually fail for exactly the reasons you describe, with all their money wasted. The problem is really the simple fact that such plans are voluntary, both for you and for the creditors, and have no force of law. Anyone can change their mind at any time, unlike a bankruptcy filing which protects you with powerful federal laws against continued creditor collection activities once you have filed. If the creditors ignore this, you can actually make money by suing them for contempt of court sometimes, and actually have them pay your attorney fees for that process. Bankruptcy is actually a constitutional right in the United States which is taken very seriously by the courts. In WI, if you are well represented you may be allowed to retain up to $5,000 in cash, $75,000 in home equity, $6,200 in personal possessions and vehicle equity, in addition to dozens of other �exemptions,� which are legally recognized necessities of life which cannot be taken away from you without your consent, as long as they are properly claimed by your attorney. Each of these exemption dollar limits is doubled for a married couple. Best of all, this protection is available to you from most lawfirms for not much more than $1,000. You therefore owe it to yourself to at least schedule a free initial consultation with a bankruptcy lawyer. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.

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Answered on 8/07/10, 5:12 am


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