Wisconsin Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Wisconsin's Statutes Of Limitations. Wisconsin phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Wisconsin Fair Debt Collection Consumer Practices Guide summarizes Wisconsin's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Wisconsin Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Wisconsin’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Wisconsin Debt Exemption Law!
Wisconsin Statutes
Wisconsin has not opted out of federal bankruptcy exemptions.
Wages: Wisconsin Statutes Annotated §§ 812.30, .34, .38.
Homestead: Wisconsin Statutes Annotated §§ 815.20 and 990.01(14). .
Tangible personal property: Wisconsin Statutes Annotated §§ 425.106 and 815.18.
Benefits, retirement plans, insurance, judgments, and other intangibles: Wisconsin Statutes Annotated § 815.18. See also Wisconsin Statutes Annotated §§ 45.35(8)(b), 49.96, 94.07, 108.13, and 614.96.
Wisconsin Debt Statutes of Limitation
Your debt may have expired under Wisconsin’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Wisconsin Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Wisconsin Debt Statutes of Limitation
Contracts, professional services, or an open account based on a contract: 6 years.
NOTE: Payments made toward the obligation toll the statute and the time period will then run from the date of last payment or last charge by the debtor, whichever occurs later.
Wisconsin Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Wisconsin’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Wisconsin law.
Wisconsin Wage Garnishment Procedural Requirements
Upon payment to the clerk of court of the proper fee, the clerk shall issue a garnishee summons together with sufficient copies to the plaintiff or his or her attorney. The summons form may be in blank, but must carry the court seal. A garnishment action shall be commenced by the filing of a garnishee summons and annexed complaint, except no action shall be deemed commenced as to any defendant upon whom service of authenticated copies of the summons and the complaint has not been made within 60 days after filing. Wis. Statute. Ann. _ 812.04.
The garnishee complaint in a garnishment action after judgment must allege the existence of the grounds for garnishment mentioned in _ 812.02(1)(b) (an execution upon an in personal judgment is issuable), and the name and location of the court, case number, if any, date of entry and amount of the judgment on which the garnishment action is based, the amount of the plaintiff's claim against the defendant and disbursements, not to exceed $40, above all offsets known to the plaintiff, and that plaintiff believes that the named garnishee is indebted to or has property in his or her possession or under his or her control belonging to the defendant (naming him or her) and that the indebtedness or property is, to the best of plaintiff's knowledge and belief, not exempt from execution. Wis. Statute. Ann. _ 812.05.
Note, a plaintiff may not commence any garnishment action affecting the property of a spouse who is not a defendant in the principal action unless the spouse is a defendant in the garnishment action. Wis. Statute. Ann. _ 812.02(2e). A garnishee shall be entitled to $3 as garnishee fee, and shall not be required to answer unless such fee is first paid. When a corporation is garnisheed such fee shall be paid to the person upon whom the garnishee summons and complaint is served. Such fee shall be taxes as costs in the action the same as witness fees are taxed. Wis. Statute. Ann. _ 812.06.
The garnishee summons and complaint shall be served on the garnishee as required for the exercise of personal jurisdiction under chapter 801 (generally personal service), and notice of such service or a copy of the garnishee summons and complaint, together with the summons in the principal action, shall be served on the principal defendant not later than 10 days after service on the garnishee. Wis. Statute. Ann. _ 812.07.
From the time of service upon the garnishee, the garnishee shall be liable to the creditor for the property then in the garnishee's possession or under his or her control belonging to the debtor or in which the debtor is interested to the extent of his or her rights or interest therein and for all the garnishee's debts due or to become due to the debtor, except such as are exempt from execution, or are required by a court to be paid by the debtor as restitution under _ 973.20, but not in excess of the amount of the creditor's claim. Wis. Statute. Ann. _ 812.18.
Property in a safe deposit box in any bank or safe deposit company is not property in the possession or control of such bank or safe deposit company within the meaning of this subchapter. Wis. Statute. Ann. _ 812.19. In case of a trial of an issue between the plaintiff and any garnishee, the prevailing party shall recover taxable costs. Wis. Statute. Ann. _ 812.22.
Interest Rate at which Judgments Accrue If the judgment is for the recovery of money, interest at the rate of 12% per year from the time of verdict, decision or report until judgment is entered shall be computed by the clerk and added to the costs. W.S.A. _ 814.04. Every execution upon a judgment of money shall direct the collection of interest at the rate of 12% per year on the amount recovered from the date of the entry thereof until paid. W.S.A. _ 815.05. Applicable Forms Garnishee Summons, Wis. Statute. Ann. _ 812.07. 4.0.
Wisconsin (Debt Collector) Call Recording Law
Under Wisconsin State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Wisconsin is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Wisconsin.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
