Legal Question in Credit and Debt Law in Wisconsin

colecting a debt

The daycare provider for my daughter sent me a letter in at the end of April stating that my child care would end on May 5, if I did not have a current authorization for child care from the State of Wisconsin. Today, I was sent a threatening letter stating that there was a balance due and if I did not make a payment and payment arrangements by friday August 25, that I judgement would be filed for the amount due. To the best of my knowledge there was no indication that a balance was due when the leter was sent to me from the center. Do I have any recourse, since I am not sure I even owe that amount. Isnt this unfair collection practices since this is the first that I have heard about this outstanding balance?


Asked on 8/21/00, 8:27 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Re: colecting a debt

You have many rights against a creditor

as a debtor undergoing collection, under

both state and federal law. Many of the

remedies include actual reasonable attorney

fees for violations, and even punitive damages

against the creditor. The bottem line,

however, is that the court system is just

too cumbersome and expensive to make their

use practical when small amounts are at stake, to say

nothing of the fact that you could always spend a

ton of money litigating such a dispute and end up losing.

A far more practical remedy for consumers is a

chapter 7 bankruptcy, which is pretty much of a sure thing

for most unsecured debts, and which costs far less

than litigating consumer act violations. Another

benefit of chapter 7 is that it deals with all your

creditors in one stroke and for far less money than

the cost of dealing properly with any one of them individually.

I'd be more than happy to send you some free reading

material on your rights if you wanted to give me either a snail mail

or an e-mail address. Send a private e-mail or call if you are

interested. Law Guru also has some of these same

materials and might be posting them soon.

Read more
Answered on 9/27/00, 10:29 am


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