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MOTION & ORDER FOR HEARING: JECP Trust v. Cale Smith & Carrie Stoffel; 13-SC-166

Monday, August 19, 2013 - 11:20pm

(Pub. August 21, 2013)
STATE OF WISCONSIN
CIRCUIT COURT
PIERCE COUNTY
MOTION and ORDER for HEARING on CONTEMPT
Case No. 13-SC-166
J.E.C.P. Trust
P.O. Box 308
Ellsworth, WI 54011
Creditor(s)
-vs-
Cale Smith and Carrie Stoffel
146 E. Main St.
Ellsworth, WI 54011
Debtor(s)
UNDER OATH, I STATE:
1. I was awarded a judgment for money damages under Ch. 799, Wis. Stats., against Cale Smith and Carrie Stoffel as judgment debtor on May 15, 2013, in the amount of $6553.50.
2. A copy of the order for Financial Disclosure Statement was mailed or delivered to the judgment debtor.
3. More than 15 days have elapsed from the date of entry of judgment and judgment debtor has failed to comply with the order of the court and has given no reason for the failure to comply. The judgment debtor has failed to accurately or completely fill out the Financial Disclosure Statement.
I ask that the court schedule a hearing to determine why the judgment debtor has failed to comply with the Order for Financial Disclosure Statement.
/s/ Jonathan B. Lundeen,
Attorney For Creditor
State Bar No. 1081388
Date: 8/7/2013
THE COURT ORDERS:
1. The judgment debtor shall appear in person as stated below to answer why the judgment debtor has failed to comply with the Order for Financial Disclosure Statement.
Date: Sept. 5, 2013
Time: 1:45 p.m.
Location: West Courtroom
Pierce County Courthouse
414 West Main St.
Ellsworth WI 54011
Presiding Judge: Joseph D.
Boles
2. This motion and order shall be served on the judgment debtor by personal service, unless otherwise authorized by law in §801 .14(1 )(2), Wisconsin Statutes.
3. The judgment debtor may avoid appearing at this hearing only by, prior to the hearing date, either: (a) paying the judgment in full, including costs and accrued interest, or (b) delivering an accurate and complete Financial Disclosure Statement to the judgment creditor.
4. If the judgment creditor does not appear at this hearing, this motion may be dismissed.
* A finding of contempt for nonappearance or failure to comply with the court\'s order may result in any or all of the following penalties:
• Imprisonment for up to 6 months.
• Forfeiture of not more than $2000 per day.
• Any other order necessary to ensure your compliance.
BY THE COURT:
/s/ Joseph D. Boles
Circuit Court Judge
Date: August 7, 2013
If you require reasonable accommodations due to a disability to participate in the court process, please call 715-273-3531 ext. 6400 at least 10 working days prior to the scheduled court date. Please note that the court does not provide transportation.
WNAXLP


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