|
Q.) How do I submit a claim?
A.) If your debt has been included n the 128.21 action, you will be mailed an official notice. With that notice will be a claim form. You can mail, fax or e-mail the claim form back to the Trustee’s office by the creditor’s meeting date.
Q.) What if I did not submit my claim by the creditor’s meeting date?
A.) Please call the Trustee’s office immediately. If the report has not yet been mailed to the Court, we will make the correction for you. If the report has already been mailed to the Court, your claim will remain at the amount that was listed on your notice. The debt can be decreased, if necessary as to not over pay it; however, no increases can be made.
Q.) How often can I expect to receive payments?
A.) The Statute states that payments should be made monthly, unless, due to the small amount, it is unnecessarily expensive to administer the debt monthly. In cases of small payments, the Trustee may administer the debt quarterly. Every effort is made from this office to administer monthly. The majority of our payments are received from wage assignments. We are at the mercy of the employer and the mail system as to when we have access to those funds.
Q.) What time of month will I receive payments?
A.) Disbursements are made once per month between the 25th and 27th of the month. All payments are made by check and mailed via US mail. (no exception) Companies located in Wisconsin should receive their payments before the end of the month.
Q.) What happens if the debtor stops funding the 128.21 action?
A.) The Statute has made allowances for some delinquency; however, if the debtor does not cure that delinquency, their action is dismissed. Once an action is dismissed, you as the creditor have regained your rights to collect on your debt.
Q.) Is there a stay of collection for a Chapter 128.21 much like there is in bankruptcy?
A.) Yes; however, it only covers the creditors and specific accounts that are listed in the action. If you have more than one account with the debtor but he only lists one, you are free to continue collection on accounts that not listed.
|
