Legal Question in Credit and Debt Law in Wisconsin

Can a collection agency that works for a payday loan lender threaten you will jail time ?


Asked on 11/02/10, 9:05 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Usually in WI, a collector has no ability to put anyone in jail (unless the police want them for other reasons) with one exception. That would be a contempt of court situation where you refused to supply financial information which judgment creditors are legally entitled to demand from you once they obtain a court judgment. This often comes to the debtor as a financial disclosure form, and you can be held in contempt for any failure to cooperate on it. In WI (and most of the U.S.) collectors do not enjoy the use of any sort of criminal charging authority that could lead directly to a jail sentence. However, if they are collecting on a worthless check, there may be a chance for criminal liability. This chance is often not that great for a payday lender to makes one write a check to cover the loan, since they are knowingly extending you credit and consciously accepting the risk of nonpayment. If you are having trouble with bill collectors including payday lenders, you owe it to yourself to have a chat with a bankruptcy lawyer. Unsecured debts such as payday loans, medical bills and credit cards are often easy to discharge via chapter seven or thirteen at a reasonable cost, after which the collectors will be legally prohibited from bothering you. My comments in the public web forum are not legal advice, but are instead provided solely for purposes of public education. No attorney client relationship is created because I have responded to your question. However, you are welcome to contact my office in Racine, WI, to make necessary arrangements to retain me.

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Answered on 11/13/10, 9:30 am


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