Legal Question in Credit and Debt Law in Wisconsin

Can a Debt Collector have you arrested in the state of Wisconsin

Asked on 11/20/15, 11:03 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, but the vast majority of the so called collectors threatening arrest over the phone are scammers, unable to use the legal system (which could theoretically order an arrest), due to the illegality of their operations. Such scams are far too common authorities could stop them if they really put their minds to it. Often, the scammers are not even the owners of the account and have no authority to collect it, instead simply locating information from public web sources as to debts that you may owe to others (who they then attempt to impersonate). If you pay them, odds are that the real owners will still later come after you later, forcing you to pay it twice. Never pay anything to anyone initiating a collection process via phone only because real licensed collectors always commence the process via a formal demand letter, identifying who they are and how to reach them. Even after receiving such a letter, you should not pay anything until the collection has first been examined for authenticity by an experienced bankruptcy lawyer. Collectors who do not provide their identifying information should be ignored and reported to the federal government at the website, or similar reporting sites run by the FBI.

Arrest in collection matters can occur only after the collector has first gone to court and obtained a legal judgment, which is only the beginning of the process. After that, their lawyer needs to subpoena financial information, and if it is not timely provided, he can only then finally petition the court for finding of contempt. Failure of the debtor to appear at the hearing on contempt can then sometimes lead to a body attachment (arrest warrant). People calling you up and threatening to arrest you in WI are therefore nearly always scammers, unless they can successfully identify the licensed WI attorney who represents them and who has gone through all these steps, which attorney will then deal directly with you.

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Answered on 11/25/15, 5:19 am

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