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traveler68 · Apr 5, 2010, 08:17 AM

I just received a summons to appear in our local county court over a default credit card bill. I do not dispute that I owe the bill but am unable to pay the full amount and the attorney representing the company will not accept smaller payments. I am on SSI disability and that is the only income I have. A local bankruptcy attorney I called gave me some curious advice. He said "just dont show up and there is nothing they can do". That sounds scary to me. Can they put out a warrant for me for not showing up? What if I do show up and just explain my situation? What is my best course of action now.
Thanks.

smoothy · Apr 5, 2010, 08:27 AM

The worst thing you can do is NOT show up. They will a judgement by default. And get everything they ask for.

Go, present your income, obligations etc. (remember, if its not on paper, it doesn't exist as far as evidence you present) The worst that can happen is you lose... you will possibly do better than that however. But if you don't show up... you WILL get the worst possible outcome, 100% guaranteed.

You did say civil court, right? Not small claims court? You may NEED an attorney in civil court, not if its in small claims court.

traveler68 · Apr 5, 2010, 08:33 AM

In my situation (severe emotional disability, no car, etc... ) its hard to even show up. I do plan on showing up. However, if things get so severe that I don't show up or am not able to show up can they issue a warrant for my arrest? I was told they coulod not but that was also from the attorney who told me not to show up. Does anyone know what will happen if I show up and present a letter from SSA showing my only income is SSI disability?

smoothy · Apr 5, 2010, 08:43 AM

IF you don't show up, while they likely won't issue a warrant for your arrest, they will award everything they ask for... and they can then get a garnishment attaching bank accounts, property... etc.

Exactly what is and isn't off limits may vary state to state. YOu can request a motion to postpone the case but I don't know how far in advance you would have to do that... but that would likely have to be in writing in advance of the court date.

Someone else can answer in but you do need to complile all of this information to present on your behalf.

But as was said... you absolutely HAVE to be there on the actual court date or THEY win. Then its too late.

If you do go, present your case... show proof of everything. They may settle for less, or even write it off. But you have to be there to have that chance. The more you can provide to show your inability to pay the better.

Others will answer that can provide more details than I can.

traveler68 · Apr 5, 2010, 10:34 AM

I am really not too concerned with them getting a judgment against me. As I said I do owe the money. I am on SSI so they can't take anything out of my check. I don't have a bank account or any property. Heck, I don't even own a car.

smoothy · Apr 5, 2010, 10:52 AM

Originally Posted by traveler68

I am really not too concerned with them getting a judgment against me. As I said I do owe the money. I am on SSI so they can't take anything out of my check. I dont have a bank account or any property. Heck, I dont even own a car.

That is one thing you really should be concerned about... because they can make sure you never do own anything. And who knows... you might win that next lottery ticket... or inherit some. If someone gives you something, they could take it.

All assuming they actually would take the time, but they could.

My point is... if you fight it, they may view your situation and the judge may rule in your favor. Ignore it, and you lose. And they can issue a warrant that will haunt you. And the statute of Limitations only applies if they fail to try to collect for that period, the clock resets as long as they try within that timeframe. They can keep after you until you die if they win a judgement, and collect from any estate you might leave.

It CAN be worse than it is now if you ignore it.

traveler68 · Apr 5, 2010, 11:25 AM

I just had a person tell me I am "judgment proof" and if I do go to court the judge will tell them the debt is "uncollectable". Is that true?

smoothy · Apr 5, 2010, 11:28 AM

That's a call the Judge has to make. If he decides you are... you win the case. BUT you have to show up first. What you or I say means little. What the Judge says means everything.