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-   -   Missed court appearance (https://www.askmehelpdesk.com/showthread.php?t=309732)

  • Jan 28, 2009, 06:58 AM
    belle4562001
    Missed court appearance
    I did not show up for my court hearing, what can I expect now from the credit card company and the courts?

    Since I missed my court appearance with my credit card company, what should I do now? Is it OK to contact the credit card company now? Or wait and see what happens?
  • Jan 28, 2009, 07:32 AM
    Curlyben
    Most likely a Default Judgement.
  • Jan 28, 2009, 08:05 AM
    JudyKayTee

    You can expect a Judgment against you - as Curlyben said - and efforts to collect the Judgment from you using whatever is legal in your State, such as leining bank accounts, garnishment against wages, lien against real estate.
  • Jan 28, 2009, 04:39 PM
    twinkiedooter

    You automatically lost as the Judge figured you were not interested enough to attend. A Default Judgment was probably entered against you. Default Judgments are very hard to reverse.
  • Jan 30, 2009, 09:21 AM
    JudyKayTee
    Quote:

    Originally Posted by belle4562001 View Post
    since i missed my court appearance with my credit card company, what should i do now? is it ok to contact the credit card company now? or wait and see what happens?


    If you failed to appear they undoubtedly obtained a default Judgment against you. You will be sent a copy of the Judgment and the creditor will make every legal attempt (in your State) to collect the balance on the account, interest and legal fees/expenses.

    In some States this involves wage garnishment, bank liens, property liens. Judgments are good for a set number of years. It's often 10 with a 10 year renewal.

    If you had a legal reason not to appear you can make a Motion to set the Judgment aside but, if you do get it set aside, you would need a reason to get it dismissed or the creditor will simply obtain another Judgment.

    I'm sure you realize it's never a good idea to ignore legal proceedings.

    Please don't keep posting the same information. The advice you received yesterday was accurate.
  • Jan 30, 2009, 09:26 AM
    Fr_Chuck

    Yes, if you messed a civil case about a credit card most likely they won, so they got a judgement, it is possible that they will attach your bank accounts, even garnish your wages.
    So if you cantact them you will need to be willing to really offer large amouts toward payment.
  • Feb 2, 2009, 10:30 PM
    sunfire77

    With this creditor they are liars.
    They had me set up deal with them. The next think I know is I get wage garnishment and bank garnishment. Even after the settlement. So they are crazy out there.
  • Feb 3, 2009, 06:33 AM
    JudyKayTee
    Quote:

    Originally Posted by sunfire77 View Post
    with this creditor they are liars.
    they had me set up deal with them. the next think i know is i get wage garnishment and bank garnishment. even after the settlement. so they are crazy out there.



    Here's how the creditor looks at this - you had credit with them and didn't keep up your end of the bargain by making payments.

    They CANNOT legally get a garnishment and lien against you without a Judgment (despite your other posts) so either you didn't appear or you did appear and they proved the debt.

    If you didn't meet your obligations under the first credit agreement they probably don't trust you to meet your obligations under a "deal."
  • Feb 4, 2009, 08:59 PM
    sunfire77

    Well I never got the summons to show up in court. They seem to do this with a lot of people. But thatnks for the response.
  • Feb 5, 2009, 06:19 AM
    JudyKayTee
    Quote:

    Originally Posted by sunfire77 View Post
    well i never got the summons to show up in court. they seem to do this with alot of people. but thatnks for the response.



    So go to Court, prove you were never served, get the Judgment set aside and start over.
  • Feb 5, 2009, 09:43 PM
    sunfire77
    I already proved it. There is a lawsuit going on now but thanks for your concerns. Lol:p

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