Ms_Nomer Posted December 18, 2009 Report Share Posted December 18, 2009 Does WI 425.109 or 422.409 stats apply to an assignee of an Original Debtor?Please explain? It is not sinking in at all. Must write a MTD. This case is pending in court, discovery has passed and Midland has not produced ONE PIECE OF DOCUMENTATION regarding the alleged debt - not even assignment.I'm on pain meds for broken tailbone. Sister just passed away. Need help badly. Concentration is almost nil. Link to comment Share on other sites More sharing options...
trueq Posted December 18, 2009 Report Share Posted December 18, 2009 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1040285#post1040285Copied from top consumer attorney in WI. Link to comment Share on other sites More sharing options...
Ms_Nomer Posted December 18, 2009 Author Report Share Posted December 18, 2009 Trueq - Cannot thank you enough. Email still not receiving - but this is a good motion. Does using this apply in small claims and civil court? Does a copy go to plaintiff, clerk of courts and judge? Do I have to bring this motion in person and get a court date or can it be mailed? Link to comment Share on other sites More sharing options...
trueq Posted December 18, 2009 Report Share Posted December 18, 2009 to court and opposing side.It applies in either small claims or civil court.(Small claims may not need formal notice, but its good to use the civil court standard in small claims.)Call court clerk to get a motion hearing date and notice it. Judges appreciate considering issue and material in advance of hearing, rather than it being "popped" on them at hearing. Link to comment Share on other sites More sharing options...
BrokeBob Posted December 18, 2009 Report Share Posted December 18, 2009 Actually, that depends on the county. In my county, for Circut Court, the judge and his clerk decide when a motion is heard. They then usually send a Notice of Motion to all parties. Sometimes they forget, so I have to look at CCAP from time to time. This has its advantages. I have two cases with the same judge, so he and/or his clerk rearranged the schedule so that I would have hearings in the two cases back to back. In Small Claims Court, the procedure is usually to schedule a time with the court clerk's office. So, call the court clerk's office. They will know how to do things in your county. At least in my county, they realize you are a bit bewildered, and so are very nice and patient people, as long as you are nice to them. Trueq is right about the timing. Good judges do their homework, and they appreciate being given sufficient time for their homework. Link to comment Share on other sites More sharing options...
Ms_Nomer Posted December 22, 2009 Author Report Share Posted December 22, 2009 Thank you for your input Bob. I called my own county court clerk and was told I could actually mail the motion (certified, of course) to the judge involved in the case (and plaintiff). If this is true - it would be far easier than other court filings. Link to comment Share on other sites More sharing options...
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