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justice79 · Oct 1, 2008, 11:00 AM

Hi. I was wondering if someone could help me.
I just received a summons of debt and I'm asked to show up to court.
Well first of all I was wondering if I had to show up and if I did what would it be about? Settling payments? Going to jail? It might sound like stupid questions but I really don't know. And if I didn't show up what kind of consequences would follow?
Thank you so much
justice79:)

ScottGem · Oct 1, 2008, 11:12 AM

First, yues, you want to show up. If you don't, it means the plaintiff will get a default judgement.

Second there are umpteen threads in this forum that deal with this issue and I suggest you review them.

No you won't go to jail, debtor's prison died out in the 19th century. But, if the plaintiff can get a judgerment, then may be able to garnish your wages, attach bank accounts or other assets.

ScottGem · Oct 1, 2008, 12:52 PM

Please don't use e-mail to ask a follow-up. Use the Answer This Question, Quote User or Quick Rpley options to post a reply to the thread.

justice79 · Oct 1, 2008, 01:13 PM

OK well so
Is there any sense of contacting my credit company to make any kind of settlement?

slowandeasy · Oct 1, 2008, 01:34 PM

I think the time for trying to settle was before they sent you a summons of debt when they wanted to talk you didn't so now they want to take you to court I imagine you received a number of calls and letters prior to this. How old is the debt? If it is within the sols and they can prove the debt is yours they will most likely get a judgement and as stated in the post above they can go after wages, bank accounts etc. You can try to make a settlement and see where it takes you.

Mbell1960 · Oct 6, 2008, 05:54 PM

Originally Posted by slowandeasy

I think the time for trying to settle was before they sent you a summons of debt when they wanted to talk you didn"t so now they want to take you to court I imagine you received a number of calls and letters prior to this. How old is the debt? If it is within the sols and they can prove the debt is yours they will most likely get a judgement and as stated in the post above they can go after wages, bank accounts etc. You can try to make a settlement and see where it takes you.

I was told that you could still settle even if there was a garnishment or lien placed on you. Am I correct? Ask your attorney

slowandeasy · Oct 6, 2008, 06:08 PM

Why would I ask my attorney? Or did I misunderstand. What you are asking? Please be more specific with your postings to keep down confusion

ScottGem · Oct 6, 2008, 06:39 PM

Originally Posted by Mbell1960

I was told that you could still settle even if there was a garnishment or lien placed on you. Am I correct?? ask your attorney

You can settle at any time IF the creditor is willing to accept a settlement. But once they have won a judgement and set up a garnishment there is little incentive to settle.

kayebird · Oct 7, 2008, 03:38 PM

Who is suing you, an original creditor or a collection agency/junk debt buyer (JDB)? You have the option of filing an answer and requesting discovery to make them prove their case if it is a debt collection company who bought the debt. If you don't do something, they will get a judgment against you.

Mbell1960 · Oct 8, 2008, 06:39 AM

Some of all. How can you do something when you have nothing to do it with?

ScottGem · Oct 8, 2008, 06:56 AM

Originally Posted by Mbell1960

some of all. How can you do something when you have nothing to do it with?

Can you explain what you are talking about? I haven't a clue.

mlr08 · Oct 29, 2008, 02:05 PM

I know that all of this can be so confusing. That's why SO many people fail to respond to their lawsuits and end up w/ ruined credit and garnished wages.

Check out this article that I found, it cleared up a lot of the misperceptions I had: Served a Summons Or Credit Card Debt Lawsuit - Don't Call the Creditor!

Good luck!