Legal Question in Credit and Debt Law in Wisconsin

my husband has recieved a call from a collections agency. They claim he owes a credit card debt from over 7 years ago. They say if he does not agree to payment within 24hrs they will take him to court and he will pay full amt plus court costs. He recently bought a home and cleared all past accounts..no mention of this acct came up. He needs to know if this debt really is his. I told him not to confirm anything until he knows for sure, but he is worried that this will end up costing us way more than what they want to settle for. Please tell me our rights!


Asked on 11/08/10, 7:22 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Do not rule out the possibility that this could be a scammer, posing as a collector, an increasingly common problem. Ask them for a copy of the state license for their collection agency, real name, address, phone, name of employer and the details about who sent the account to them, together with verifying detail from the sender. Any collector who refuses to do all of this is probably running a scam and not a collector at all. They should also send a letter prior to calling via phone, introducing themselves and giving you an opportunity to voluntarily pay. Rather, they are trying to get money from you as well as credit card numbers, etc. required to steal your identity. If you are having trouble with legitimate collectors, you owe it to yourself to have a chat with a bankruptcy lawyer. Unsecured debts such as medical bills and credit cards are often easy to discharge via chapter 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, 9:13 am


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