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    Orawan's Avatar
    Orawan Posts: 2, Reputation: 1
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    #1

    Sep 18, 2007, 11:21 AM
    What happens after a default judgement
    How likely are the chances a credit card company will sue you for not paying? Could someone give a general outline and timeframe of events of what happens after defaulting on paying your credit card debt along with not doing anything and letting a default judgement happen if a lawsuit happens? Also the debt is roughly an average of $20k per credit card and a total of about five credit cards. I will be out of the country for maybe up to a year and will not likely be able to pay the credit card companies. I have no assets and my bank account is pretty much wiped out plus I am not working which is part of the reason why I am leaving the country. What little money I have left can last me a lot longer than living here. Bankruptcy looks like the right choice but the only thing is that I do not deal with any of this at least 6 months to a year from now. That is why I'd like to an outline and timeframe of events. If per say they sue me and a default judgement occurs, what happens after? How long after the default judgement does a supplemental proceeding/"citation to discover assets" happen? If I have no assets/nothing that they can take, would a citation to discover assets occur? I understand the credit card company would not even know that until such a proceeding occurs but if they tried to call me personally or at work, then would begin to realize that. What happens if I do not show up to the supplemental proceeding because I am out of the country? I heard that there can be a warrant to arrest you for essentially being in contempt of the court for failure to appear. Let's say a default judgement occurs, can anything the credit card company wants to do after be handled through the mail if I have someone acting on my behalf because I won't be around? Working out a settlement plan with any of the credit card companies is not an option so when answering my questions, please keep that mind. I plan to file for bankruptcy but I do not even want to deal with any of it until I return in 6 months to a year. The only thing that I am worried about is when I re-enter the country. How likely are the chances it will go to a citation to discover assets after a default judgement? The only creditors I have are all just credit card companies (unsecured debt I guess its called). I hope my questions make sense. I live in California if that helps at all. Thank you for any advice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Sep 18, 2007, 11:43 AM
    The likelihood of a credit card company suing you for non payment is small. The likelihood of them selling the debt to a debt collector, who will then sue is much higher.

    If a default judgement occurs, they still have to find some assets of yours to attach. If not exist, then nothing happens. No you cannot be arrested for failure to appear in response to a suit for a default judgement.

    However, I'm not sure of this, but if they obtain a judgement, you may not be able to discharge the debt via bankruptcy.
    Orawan's Avatar
    Orawan Posts: 2, Reputation: 1
    New Member
     
    #3

    Sep 20, 2007, 09:30 AM
    Wouldn't a bankruptcy filing provide an automatic stay which would constitute an automatic halt on any lawsuits or creditors attempts to retrieve money? If there are no assets and I'm unemployed, how would they figure all of that out without direct contact with myself.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Sep 20, 2007, 10:23 AM
    A bankruptcy filing would inhibit FURTHER collections efforts, but it would not negate a judgement once awarded

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