Lawsuit

Erin-- im sorry you are going thru this-- i totally understand what you are feeling though. You need to get it in writing that it is acceptable that you pay 30 $ per month-- Around here ( im not sure if its a state law or what) but if you send a creditor money and they refuse it or send it back then ( and its over like 1.00$) then they have voided your debt by refusing payment. Just to cover your own but though, send them a letter certified mail return reciept stating that as of the current moment you are unemployed and all you can afford until you find employment is $30.00 per month. Dont put emotion in it. Just sign it and keep a signed copy along with all reciepts from the post office. That way if this does go to court, you have proof you have tried to work something out with them. Keep logs of all phone calls, dates, times and who you speak with regarding this situation. Ask the lawyers office to send/give you a letter ( in writing no faxes or emails)either accepting or denying your $30.00 per month payment plan. It seems tedious but saving everythign like this has saved our butts before. I wish you luck in getting this resolved. I agree too that this is mean and evil spirited of them.

Maybe I could offer some explanation for why they may want faster payment. I am not too sure about specific Wisconsin state law but in general most states have statute of limitations, which generally mean that the person have a limited number of years to file the claim after which even if you did not pay they are not able to make the claim. And the period in general ranges from 3 years to about 6 years and some places have specific exceptions.

Originally Posted by emb_78

$100

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I'm really sorry Erin-this is just unfair

Erin, I am so sorry! What a bunch of crapola and very stressful. First of all, if they cash your check or accept the $30 then they are accepting to "terms", regardless of the state you are in. Once they accept that, few judges will want to meddle. Secondly, yes, they can actually proceed with a lawsuit because they want to move ahead with something called a "Summary Judgement" - this allows them to be awarded a piece of paper that allows them to collect on the debt if they feel you are not paying or not paying enough, by their book. BUT, that said, they are only able to legally be awarded for 25% of your net pay, based upon the past years' income or past 90 days unemployment. So, for instance, if 25% of your net pay over the past year would have equaled much more than $30.00 then they will be awarded that amount. But you CAN argue for hardship in front of the judge. If you are on any type of unemployment now, they can take up to 25% of each weekly check.

It sounds pretty negative and I'm sorry they are playing such hardball. The best thing you can do is pay them $30 as promised and if you do get a court Summons, keep a diary/journal of what you are doing to make ends meet and that you simply cannot pay more at this time. Most judges are fair when it comes to small debtor cases such as this - they can't bleed blood from a turnip - and if anything the judge may raise it to $50 but in mose cases, stuff like this will indeed favor the respondent (you) not the petitioner (them).

It's really unfortunate with you not having a job. Employers here would have deducted any amount we owed them from our final paycheque so it wouldn't have gotten this far.

I called my dad, and he must have talked to his laywer friends. He told me to pay the $30 a month and not to worry. They are just trying to scare me!!

I guess I'm in the minority here, but you ran up bills at the vet's office, and the vet wants to be paid. I don't see a thing wrong with that. If you were owed $1000, I am sure you would want it. I'm not really sure why you are angry.

Originally Posted by Deb25

I guess I'm in the minority here, but you ran up bills at the vet's office, and the vet wants to be paid. I don't see a thing wrong with that. If you were owed $1000, I am sure you would want it. I'm not really sure why you are angry.

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I was fired only two months ago. I was told I can make payments. I told them as soon as I got a job I would do so!

Believe me, I understand that money is tight and that you are unemployed. I still can't blame the vet for wanting his money.

Originally Posted by Deb25

Believe me, I understand that money is tight and that you are unemployed. I still can't blame the vet for wanting his money.

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We had an agreement and then they go to get a lawsuit!!! That isn't right!!

That's not right at all... if they were concerned that you were stiffing them they should have called or something most places don't turn people in after only 2 months

I work for a law firm...you'll find that you can make payment arrangements with them...just dont skip one or lose contact because they are pretty quick to take further action. Good luck!~

P.S. you cant get blood from a turnip!....

Originally Posted by Yosemite

Employers here would have deducted any amount we owed them from our final paycheque so it wouldn't have gotten this far.

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I thought that same thing, how come they didn't do that?

Sheesh that really stinks!