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Gordon R. Leech's Answers
- 206 Legal Answers
- 8 Legal Guides
5
Attorney answers:
Is there a certain type of attorney used for appliances- American of Madison sold us a stove under fraudulent circumstances.
Wisconsin does have laws that protect consumers when merchants make misrepresentations about the goods or services for sale, and while the laws passed in Wisconsin this year have made it difficult for consumers to hire attorneys to represent them, you may still be able to find one to consult with or even willing to represent you. The National Association of Consumer Attorneys maintains a list of members in Wisconsin. Visit its webpage, and you should be able to find an attorney in your area...
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3
Attorney answers:
I was injured outside of my job when I went to the Dr I was given work restrictions.
If you are truthful in your unemployment application, there should be no issue of fraud. You may be entitled to unemployment compensation, but it will depend on how many jobs you can perform based on your restrictions. Provide a copy of your restrictions or at least accurately state what they are when you apply, and the Department will review your application and make a determination on whether you qualify. If you don't qualify based on your restrictions, then as your restrictions are lifted,...
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4
Attorney answers:
My mother, in her 50s, was denied a permanent position with the state. Could it be argued that it's age discrimination?
Proving age discrimination in an employment hiring decision generally requires either some direct evidence to show the employer did not hire the applicant because of age or evidence of preferential treatment to a younger applicant combined with either a non-legitimate reason proffered by the employer for its decision or being able to show the employer's proffered decision is false and, essentially, an attempt to cover up its discriminatory motive. Direct evidence of discrimination is either...
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2
Attorney answers:
Do i have a wrongful termination case? employer fired me following a letter I wrote him regarding the way i was being treated
It sounds like you may have a claim under Wisconsin law for retaliation. You can file a complaint with the Wisconsin Equal Rights Division, but must do so within 300 days generally. Wisconsin law prohibits retaliation against healthcare workers for reporting abuse. Wisconsin's Retaliation Protection for Health Care Workers is found at Wis. Stat. 146.997. It prohibits and employer of an employee in a health care facility or provider, from disciplining an employee for a good faith report of: 1....
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2
Attorney answers:
Can an attorney pull my credit report without my auothorization
Whether the attorney, who I assume is acting as a debt collector on the judgment or is representing the judgment creditor, can lawfully access your consumer reports depends on the status of the judgment. If the judgment was never paid and the judgment creditor took the necessary steps to keep the judgment alive, which does require certain filings be made, then the debt may still exist and would give the judgment creditor a lawful basis to access your consumer information. But if the judgment is...
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3
Attorney answers:
Is there a statue of limitations on a payday loan in wisconsin?
The communication could be a violation of the Wisconsin and Federal fair debt collection laws depending on the specific threat. A threat to take you to court to collect a debt, whether owed or disputed, can violate the law if the statement is only a threat--that is that the creditor or collection agency made the threat without any real intention of carrying it out. If you are not sued on the debt, then the agency probably did not have the intent to take action on its threat. Past similar...
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2
Attorney answers:
In the state of wisconsin can you have criminal charges put against you for not paying back a check n go loan from 5 years ago?
Threatening you with criminal prosecution when attempting to collect a debt is a violation of your rights under both Federal and Wisconsin law. Get the identity of the caller and the collection agency he or she represents along with the address. You can contact a lawyer representing consumers in debt collection harassment claims to explore your rights and remedies.
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2
Attorney answers:
I have a question concerning a legal matter.
Threatening a consumer with arrest to encourage payment of a debt is a violation of Wisconsin and Federal laws protecting consumers against debt collection harassment. You have rights when dealing with a creditor and collection agencies. If they violate these rights, they are subject to claims by you against them that would permit you, if successful, to recover for any actual damages (economic loss or even emotional distress) or, if no actual damages, statutory damages (set by the court) plus...
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2
Attorney answers:
I'm being charged with ID theft in WIsconsin. Can an email to show proof that I acted on authorization from that person?
Evidence can come in many forms. Whether it is admissible depends on many factors of which an attorney can and should be able to address. If you don't know the rules of evidence, you may not do what is necessary to get this key item of evidence admitted before the judge or jury for consideration. Also, whether some form of authorization will exhonorate you is another issue that depends very much on the circumstances. If you are facing any criminal charge, you really should sit down with an...
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2
Attorney answers:
Do I still owe if a collection agency returns my check (for the full amount owed but does not include any small claims fees)?
Whether you owe and what amount depends on the arrangments that were agreed to, if any, at the time you went for medical services or any agreement you may have entered thereafter with regards to payment. If you had insurance and provided that information to the medical provider, you may have a defense to a collection action against you. Also, there can be issues about what expenses the collection law firm is attempting to assert. There are times that collection agencies, lawyers included,...
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