Lawsuit Alleges ‘Context’ of Messerli & Kramer Financial Disclosure Request Is Illegal Under WI Law

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Messerli & Kramer, P.A. is facing a proposed class action lawsuit filed in Wisconsin federal court.

According to the suit, the defendant filed a small claims action against the plaintiff in April 2018 in an attempt to collect a supposed debt. In that suit, Messerli & Kramer sought to collect on behalf of Cach, LLC, who the proposed class action describes as a debt buyer currently in bankruptcy proceedings in New York.

The complaint states that in Milwaukee County, where the defendant sued the plaintiff, small claims cases require the defendant to appear in person “on the return date in order to avoid the entry of default judgment.” The return date in the action against the plaintiff was May 16, 2018, per the complaint. On that day, the lawsuit says, the plaintiff appeared pro se in small claims court, where the court adjourned the case for further proceedings set to be held on July 25, 2018.

The focus of the proposed class action is an “Order for Financial Disclosure and Financial Disclosure Statement” (Exhibit B) the defendant sent to the plaintiff in early June 2018 that contained a “Judgment Date” of May 16, 2018. This document, the case says, is a form used in Wisconsin state courts to require a debtor to disclose income and assets after a judgment is entered. The lawsuit argues that in the context of its action against the plaintiff, Messerli & Kramer falsely and misleading sent this document to the plaintiff, as no judgment had been entered against her on May 16 as stated in the form.

“Upon information and belief,” the complaint reads, “Messerli sent Exhibit B to make the consumer believe that judgment had already been entered, and that he or she is required to respond to Exhibit B and provide the information requested in Exhibit B to Messerli.”