Legal Question in Credit and Debt Law in Wisconsin

Payday Loans

I am being told that I am being Processed and Sent to Court by a Pay Day loan company for $560. How serious is this?


Asked on 6/13/07, 10:50 am

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Payday Loans

I assume you took out a pay day loan and did not pay it back, is that right?

The pay day loan creditor is like any other civil creditor. If you owe the money, they can get a judgment. If they get a judgment they can collect any non-exempt property you own and/or garnish any of your nonexempt wages and/or pursue any other collection remedies.

The creditor would sue in small claims court and upon getting a judgment you have to provide a financial disclosure statement. If you then fail to pay the loan off AND fail to file the disclosure, the creditor can request that you be held in contempt (and jailed) until you do one or the other.

But if you file the disclosure, you cannot be jailed for a civil (noncriminal) matter.

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Answered on 6/13/07, 12:06 pm


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