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Being Sued by Cavalry Investments Wisconsin


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Hello,

I really need some help fast..


Cavalry/Rausch has filed a suit against me for a HSBC credit card account that was charged off in 2011.  I showed up at my initial hearing in February and contested the complaint citing jurisdiction because I do not reside in Wisconsin anymore.
The Plaintiff then asked where I reside and I gave him my address in Florida and he said he would send me some discovery papers. Then a hearing was scheduled and the judge granted my request to extend the hearing date to 5/2/16 since I would not be back in Wisconsin until 5/1/16. 

I just found out that Rouse had filed a motion for summary/default judgement on April 11th,  citing failure to respond to requests for admissions interrogatories etc..  Apparently he sent the documents on to the Wisconsin address on March 7th.  I called him and asked him why he did not send the papers to the address I gave him and he said he did not believe I lived in Florida and his skip tracer couldn't find any evidence. He said he was on required to send the the papers to the address the court has on file.  I checked with the brown county local rule 404 on filing motions for summary judgement and the rule says that all briefs must be received at least 10 days prior to the hearing which is only 6 days away. I am confused on the local rules because it also says in the briefing schedule that the motion and all documents should be served to opposing parties at least 60 days prior to hearing (as stated below). He filed the motion on 4/11 which is less than 30 days of the hearing. Could I ask the judge to dismiss this motion?  Please post this to the correct forum if I'm not to post it here. 
Thank you in advance. 

404 Motion for Summary Judgment 
a. Time for Filing. The parties may file motions for summary judgment within eight months of the filing of the summons and complaint or within the time set in the scheduling order. They shall be scheduled to satisfy the briefing schedule established by the court or by these rules. 

b. Briefing Schedule. The motion with all supporting documents shall be filed with the clerk of circuit court, a courtesy copy to the judge, and served on opposing parties at least 60 days before the hearing. The court shall enter a scheduling order setting times for opposing affidavits to be filed and for briefs of both parties to be filed. A hearing date may be set if requested by any party. All briefs must be received at least ten days before the hearing.

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Were you a Florida resident when you were served and where did they serve you? What is the plan for future court dates when you need to be there but are in Florida?

When you show up on May 2 bring proof of your Florida address. If that's the address to contact you at, make sure the court has that on file following their procedure. I would think you'd be able to get an extension of time.

What happened with the sending of the documents to your old Wisconsin address in March? Were they sent by mail? Were they waiting for you, not forwarded to Florida? Is there proof of service on file?

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