Legal Question in Credit and Debt Law in Wisconsin

Hi,

My car was reposessed after I went into default. The loan was turned over to a debt collection agency that has been garnishing my wages for the past six months. As of last month, I have recieved no statements from them. I called them to get a statement and recieved one that said the amount of last payment and the balance due, nothing else.

I called them again and asked for a statement that would show current payment, payments to date, balance due, interest rate and how interest was calculated. I was told by their attorney that they would not do this. He then said that they were calculating interest at 12% per annum on a daily basis. I asked him to send me this in writing and he said he never sends anything in writing. This smells fishy.

What are my rights as to this information and how should I pursue this matter?

Thank you in advance for you time.


Asked on 1/27/12, 2:24 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Anyone who has been subjected to a wage garnishment should urgently discuss this problem with bankruptcy attorney as soon as possible, since matters like yours are easily discharged at a total cost between one and two thousand dollars (and will also wipe out any other unsecured debts at no extra cost). Wage garnishments frequently follow auto repossession, since the car rarely resells at the dealer auction for enough to pay to loan completely, resulting in a deficiency judgment. Just like any other judgment (such as those following a collection lawsuit on medical bills or a credit card), the judgment holder next has the right to garnishee wages or bank accounts and seize assets such as free and clear cars, equity in real estate, furnishing and possessions, unless the debtor does something to protect him or herself. By far, the best protection is a bankruptcy filing. However,, short of bankruptcy, one can obtain the right to at least know what is going on by responding to the garnishment (or any other lawsuit for that matter), or, ideally, by contesting it, even if it will generally be a losing battle. It is also worth noting that auto repossessions can be totally prevented in the first place by filing a chapter 13 bankruptcy, assuming that you can resume payments and pay the vehicle off (or at least pay the vehicle�s value, for loans which are more that 2.5 years old) over a five year plan. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.

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Answered on 1/28/12, 9:28 am


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