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    irened1's Avatar
    irened1 Posts: 1, Reputation: 1
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    #1

    Mar 10, 2010, 05:35 PM
    Mann bracken llc sued me and I failed to appear what do I do?
    My husband was served last year to appear to court today. He couldn't go because he got a new job. He requested the day off but his employer denied it. What will happen? The original creditor is Capital One and Im in Ca. Im concern!! We are getting a good tax refund and will pay them but in the meantime what do we do?The debt amount is $3800.00
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    Mar 11, 2010, 12:42 AM
    Quote Originally Posted by irened1 View Post
    ... What will happen? ... what do we do? ...
    If he didn't file an answer or otherwise defend, the court may have ordered that default be entered. It would be followed by a default judgment and, eventually, a writ of execution.

    You might want to immediately file something indicating that your husband missed the hearing because of the reasons you mentioned, and asking for a new hearing.

    If, as you say, you are getting a tax refund (assuming you have filed your taxes and are awaiting the refund) with which will be able to pay off the debt, you probably aren't going to have anything drastic happen until then. But the judgment amount may end up higher than you are thinking, with interest, etc. included.
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