Legal Question in Credit and Debt Law in Wisconsin

I received an order to appear before court commissioner regarding a credit card that was taken out in 2006. Is there any possible way that I can change the date of that hearing? I absolutely cannot be there on the day that it is scheduled for. I am a working, student and single parent and it falls on my first week of clinicals for school that we are not allow to miss. I am willing to pay the amount due, I just cannot be there. Thank you


Asked on 5/13/14, 10:00 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, if you can successfully file a bankruptcy before the hearing date and furnish proof, the hearing date should be canceled (and the debt forgiven if your discharge in bankruptcy is granted). If you retain counsel on the case, most collector attorneys would also grant one courtesy adjournment in order to facilitate the new attorney's calendar conflicts, if any. Finally, you can request an adjournment from the creditor's attorney, although they are not always so understand of your problems as your own attorney would be, since they represent an opposing party whose interests are the opposite of yours. No matter what, failure to deal with this court date could lead to an arrest warrant for contempt of court, and the bond is likely to be the amount of the judgement against you, plus costs. Post judgment supplementary asset discovery proceedings are therefore serious business you cannot successfully ignore without facing the surprise of a possible arrest later.

Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon ., Also see them on AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain attorney advertising materials.

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Answered on 5/14/14, 6:00 am


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