Legal Question in Credit and Debt Law in Wisconsin

My elderly parents are being harassed by a bill collector. Today they received a call stating this person was a law enforcement officer and they were going to arrest them for fraudulent check charges. The person gave them their "case number" and told them to call him right away before he sends the cops to their home. It was a bill collector posing as this law enforcement officer. My parents were wild and sitting at home waiting for the cops to arrest them. 1st of all, they have no fraudulent check charges as I do their checking and pay their bills from them. Yes they are behind on a few credit card payments, but to be lied to and harrassed like this has to be illegal. Also they were misrepresenting themselves as an investigator or a law enforcement officer. I have saved their voice mail from this company. Is there anything I can do legally to first of all have this company never call them again and 2nd of all, make this company pay the bill for lying and causing them all of this anxiety? My dad is in the last stages of life and we just are glad that each day he is here, but won't be long and my mom isn't well either. I am so upset and hopefully there is something that can be done. Thank you.


Asked on 8/30/10, 5:12 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

These are fairly typical of the tactics often employed by unethical bill collectors and scammers against the elderly and vulnerable among us. Such behavior is illegal and should be reported to law enforcement, but it is unlikely that most local agencies will have sufficient resources to pursue such matters. You also have various rights to sue under the FDCPA or fair debt collection practices act but this can become very expensive. As a practical matter, the cheapest, most effective way to scare away the collectors would be to assist your parents in filing a bankruptcy, ot, at minimum, with setting up an initial conference with a bankruptcy attorney. A bankruptcy stay and subsequent discharge in bankruptcy provides the consumer with such powerful remedies against the collectors that they rarely continue their violations and the underlying debt is legally forgiven. Many different debts are resolved via one piece of litigation., providing a great return on your investment in legal fees and court costs. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations.

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Answered on 9/06/10, 5:26 pm


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