Results 1 to 7 of 7
  1. #1
    Join Date
    Oct 2007
    Posts
    6

    Default Motion for Contempt

    I am uncertain where exactly to post this so I posted it here as well as in the property division fourm.


    I was served papers on Thursday 10/25/07 for Notice of Motion and Motion for contempt in the state of Wisconsin. The hearing is scheduled for 11/5/07. It further states that i should be found in contempt for failure to pay for a vehicle as required by the Marital Settlement Agreement. This vehicle has already been repossessed with a deficiency of $11,715.49. Wells Fargo (holds the loan) will settle for $8000 but my ex-husband states in this motion that they are seeking payment from him and this has adversly affected his credit. It continues to state that I should be found in contempt and remedial sanctions to include costs and attorney fees and payment of this debt should be awarded to my ex-husband or I should be sentenced to share in the alternative.

    My facts include:

    unemployment since 11/06

    re-married in 11/06 to gain health insurance coverage for my children (and of course love) and myself (we were plannning on getting married the following year, but expedited it)

    registration at a local employment agency with not one phone call

    food stamps 11/06 - 5/07

    I do not have the ablity to get a lawyer due to no money as we barely get by with $27.88 left at the end of each month. What is going to happen to me? Am I going to jail? What defense would you recommend I use. I have a short number of days to prepare and I don't know what I should do. Any and all advice is greatly appreciated.

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

    Default Re: Motion for Contempt

    You violated the divorce judgment, so you risk being held in contempt of court for violating the judgment. I don't know what "payment of this debt should be awarded to my ex-husband or I should be sentenced to share in the alternative" means - share in what alternative? But if he repays the debt, you should expect the court to order you to repay him.

  3. #3
    Join Date
    Oct 2007
    Posts
    6

    Default Re: Motion for Contempt

    He hasn't repaid any of the debt. I realize that I agreed to be responsible for the debt and failed to do so. I need to know what the penalties in Wisconsin will be. I have two small children 27 days a month and want to make sure I am prepared for the punishment. I don't have $ and no lawyer. I am seeking advice on how to best present myself based on the aforementioned facts as well as what my punishment will be.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Motion for Contempt

    The sanction will be whatever the court deems suitable under the circumstances. There's no magic recipe.

  5. #5
    Join Date
    Oct 2007
    Posts
    6

    Default Re: Motion for Contempt

    Thanks for your honesty. I appreciate it.

  6. #6
    Join Date
    Oct 2007
    Posts
    6

    Default Re: Motion for Contempt

    I was wondering about the possibility of making arrangements with Wells Fargo ($11,000) debt and setup payments. If I do this and they agree to this, should I contact my x's lawyer before the court date or do I go into court and present this information to the judge bearing in mind that I am going to represent myself the best that I can? Will this stop the contempt proceedings or is this fruitless?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Motion for Contempt

    If you work out a repayment deal, you would probably want to communicate that to your ex's lawyer. But if they're excusing part of the debt you need to make sure that any deal absolves your debt of responsibility for the excess. Working out (and sticking to) a deal may help in court, but from what you have said you are supposed to have paid this debt off and a repayment plan falls short of that.

    1. Sponsored Links
       

Similar Threads

  1. How Do I File Contempt of Court Motion
    By simplyme123 in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 02-27-2012, 11:10 AM
  2. Motion for Contempt for Failure to Pay Child Support
    By AngelG87511 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 05-22-2011, 08:31 AM
  3. What Will Happen at a Hearing for Motion for Contempt
    By Jamie Walker in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 03-16-2011, 05:02 PM
  4. Property Division: Motion for Contempt Being Filed in Indiana
    By IndyAnna in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 08-20-2010, 05:04 AM
  5. Motions: Amended Motion for Contempt
    By letsprocre8 in forum Civil Procedure
    Replies: 2
    Last Post: 10-01-2009, 07:47 AM
 
 
Sponsored Links

Legal Help, Information and Resources