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    guiltyornot's Avatar
    guiltyornot Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 27, 2008, 06:07 PM
    What to do?
    I had got a loan online and it was supposed to be drafted from my bank account. I did not have the funds in the bank account to cover the funds that were suppose to be drafted and eventually the bank closed my account. Now the bank has sent out the county constables office w/ a letter to sue for $1734.56.
    I first called the plaintiff's attorney and they stated that I needed to write a letter to the courts stating how much I am willing to pay on monthly payment(pymt. Plan) and then I would find out if that would be accepted when I go to court.
    So, my question is this... If I decide to say screw it and let them put a judgement on me, will I be in contempt of court or anything and have myself picked up and placed in jail or should I go to court and see what they will say or do?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #2

    Feb 27, 2008, 06:15 PM
    Go to court because you would most likely have a better chance of negotiating, maybe even for less than the 1734.56. If you don't go they may be able to get it for more than you can afford.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
     
    #3

    Feb 27, 2008, 06:21 PM
    You can't be arrested for debt in America.

    If you don't show, they are guaranteed the judgment.

    At least show up and give yourself a fighting chance.

    Offer less than what you owe, if you can afford to, and
    See what happens.

    Good Luck.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Feb 27, 2008, 07:27 PM
    Always go, you can't be arrested for not going, but they will get automatically everything they ask for if you are not there.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    Feb 28, 2008, 05:34 AM
    Quote Originally Posted by guiltyornot
    I had got a loan online and it was supposed to be drafted from my bank account. I did not have the funds in the bank account to cover the funds that were suppose to be drafted and eventually the bank closed my account. Now the bank has sent out the county constables office w/ a letter to sue for $1734.56.
    I first called the plaintiff's attorney and they stated that I needed to write a letter to the courts stating how much I am willing to pay on monthly payment(pymt. plan) and then I would find out if that would be accepted when I go to court.
    So, my question is this......If I decide to say screw it and let them put a judgement on me, will I be in contempt of court or anything and have myself picked up and placed in jail or should I go ahead and go to court and see what they will say or do?

    Go to Court - I'm surprised you haven't been charged with a crime if you had reason to believe there wasn't enough money to cover the draft.

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