Legal Question in Credit and Debt Law in Wisconsin
Is it legal to serve a summons for Ciruit Court after 9pm? Also if you have paid a credit card bill with a check that says on the back "by cashing this check you agree to void all interest and late fees" and they cash it will that stand up in court?
1 Answer from Attorneys
You need to speak with an experienced bankruptcy lawyer as soon as possible if you are having trouble with bill collectors and process servers. Debts such as the one you mention are usually discharged in chapter seven bankruptcy without any required payment. I do not know of any limitations on the time of day when process servers can do their job, but if they hadn't served you at 9:00 p.m., they would eventually have served you at some other time of day or via publication in the legal notice section of the newspaper. Disputing how the papers are served is like rearranging the deck chairs on the Titanic. That is, you are still eventually going down unless you solve the underlying problem which may be more debt than you can afford to pay on your income. The same applies to disputing the wording on the check which you cashed; if you are using debt to pay other debt, you probably have an underlying structural problem with your finances. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.
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