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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Preparing for a Motion Hearing on a Credit Card Lawsuit

    My question involves collection proceedings in the State of: Wisconsin
    I am in a debt settlement program and have had success with it so far. I enrolled four accounts and have one left. Unfortunately, the last one is the largest, about $13,000. I was served in June 2010 and have already been to a few court dates. In a few weeks, I have a Motion hearing and a month after that, I have a final pre-trial. I did get a large sum of money back from taxes and so my debt settlement company has recently offered a settlement which we are still waiting to hear back.

    My questions-
    1. Do I need to be prepared for this motion hearing and if so, how? What info do I need to be ready with?
    2. I will not be surprised if a judgment was placed against me. Could the judge possibly decide this at the motion hearing? Or will he decide at the final pre-trial?

    I have not worked this past year due to job loss (teacher). I have two children so going back to work would have to be a decent paying job. Putting two children in childcare is extremely expensive. I am nervous they would attempt to garnish my husband's wages...I live in a community property state. He makes a decent salary but is drowning in debt, as much as I am. We really do not have extra money.

    Any help would be greatly appreciated!
    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Preparing for a Motion Hearing on a Credit Card Lawsuit

    What type of motion is it? Summary disposition? If you want to avoid having the moving party granted the relief requested in their motion you should be sure to file and serve a timely response to the motion and to appear for any scheduled hearings. If this is a motion for summary disposition a judgment can potentially be entered at the conclusion of the hearing.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Preparing for a Motion Hearing on a Credit Card Lawsuit

    I don't know if it's a summary disposition. From the notice from the attorney's office, it's a Notice of Motion and Motion..."on the grounds that there is no genuine issue as to any material fact and Plaintiff is entitled to Judgment as a matter of law."

    I am just curious to what will happen at this trial. Because I do not have an attorney, I just don't know if I need to make some preparations. With other court dates, I have not taken any other info along. With the other three accounts, it has never gone this far. Those will be settled and paid in June.

    Just last week, my debt settlement company has been making contact with them to make a settlement of $6000 (which is 49% of the debt owed). I went to my LAST resort, which was asking a sibling to lend me money.

    Thanks for any help!

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