[cama120]

I got a summons to go to court on March 23 from Capital One due to my unpaid credit card. However, I am going to be away during that date. I don't want there to be a warrant out for my arrest and I want to deal with this problem. But I do have non-refundable tickets to be the maid of honor in a wedding. I also have been stalling to declare bankruptcy but I do indeed plan on doing that as soon as I can pay my lawyer the second installment of $750. What is the best way to handle this?

[twinkiedooter]

Not showing up will result in a Judgment being entered against you - not a warrant issued as this is a civil matter and not a criminal matter. You need to inform your attorney about the Capital One Summons and suit as he will have to incorporate this suit into your bankruptcy proceedings. Don't delay the bankruptcy filing as the Judgment could result in your wages being garnished or bank account being garnished. Your bankruptcy at this point in your life should not be postponed.

[Justice Matters]

Depending upon what the summons is for you may be able to adjourn the hearing. In Ontario, where we practice, a summons is only issued against a defendant for certain types of enforcement proceedings that take place AFTER a judgment.

[stevetcg]

A warrant for your arrest will not be issued. A default judgement will however, but if you are filing for bankruptcy, that will handle the judgement.

Write a letter to the court and inform them of your intent to defend and inability to show on that date. It will most likely be rescheduled. You can probably call the court and they will tell you where to send the letter.

[Fr_Chuck]

You may file with the court to have another date set for the hearing, Since they are getting a judgement soon, you need to pay and get that bankrutpcy filed.