Legal Question in Credit and Debt Law in Wisconsin

This so-called �collector� sounds to me like he is full of baloney; this is probably a scam. Honest WI licensed collectors always start out with a written demand which clearly states who they are, who the original creditor was, and how much is claimed. If they do not want to put any of this in writing, it probably means that they are a part of some sort of illegal operation which may have far more to worry about from the DA's office than you do, which operation is certainly at minimum in violation of the FDCPA (Fair Debt Collection Practices Act). DA's Offices, at least in WI, rarely, if ever, get involved with private collections of Payday loans, even if a bad check was once involved in the distant past, because these are civil matters rather than criminal investigations. Although WI does make certain bounced checks a crime, there is a laundry list of steps which the merchant must go through before a criminal prosecution can go forward. WI Bankruptcy Courts often conclude that Payday lenders who accept personal checks as deposits do not justifiably rely upon the check's maker in any sense sufficient to prove fraudulent intent by the debtor in most Payday loan situation since these are well know to be high risk loans to high risk borrowers. If these callers sound like they are from India or other far off land, I too may have dealt with them on behalf of clients and their threats are quite laughable. All this being said, however, if you are having problems with collectors, you owe it to yourself to schedule a free initial consultation with an experienced bankruptcy lawyer. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to being used against you in court. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information. Web forum answers may contain attorney advertising materials.