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k777a
Aug 30, 2007, 01:58 AM
Hi,
Can anyone help me? I just received notice of a Court Summons delivered by a U.S. Marshall to my parent's home in Los Angeles. I currently live in South Korea. I will not be back in the states till a year or two. I was planning on paying for the debts I incurred after I finish working here.
Problem is that my parents or cousin excepted the summons on my behalf, idiotic yes! I have been dodging creditors for a couple years now.
I know that I must make the correct correspondance and agreements to payback the debt I currently owe. However, can anyone help?
Question: What are the statue of limitations on credit card debt in California?
Question: Where can I find out more about legal help, free if available?
Question: Can I go to jail? Since a family member accepted the summons on my behalf? Am I committed to appearing? Does anyone know of the websites?
Question: Should I make an effort ASAP to correct this situation, or keep waiting and make it pile up, thinking that it will go away?
I know these seem like cowardly words, I am just not financially ready to begin to pay these creditors. Especially, since the summons that was delivered was from a "big" name corporation and the debt is for $2000 or so.
Any reply will be greatly appreciated.
In fear, k777a

rockinmommy
Aug 30, 2007, 06:37 AM
It's a civil matter - not a criminal matter, so you won't wind up in jail. They'll just get a default judgement against you. Even if you showed up in court they'd still be awarded a judgement - unless you have some defense for not paying your debts.

If you're working, why not send them some money? Typically if you're making some kind of effort to pay them something they'll back off. At this point I'm not sure what you have to gain by waiting to start paying them off.

Good luck.

ScottGem
Aug 30, 2007, 06:46 AM
Its not going to go away. They are filing for a judgement now so they will have it on record before the SOL expires. The judgement will then last at least 10 years. As soon they find some assets of yours they will use the judgement to attach them.

You do not need to answer the summons or appear in court. If you don't respond to the summons a default judgement will be entered against you. What you should do is contact the creditor to offer some sort of payment plan.