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chopstix · May 4, 2009, 02:09 PM

I have a credit card company that says they're going to "proceed legal action and take me to court for indebtness." When the day comes what if I don't show up in court? What happens then? What if I do show up, I don't have any money / assets what happens then?

ScottGem · May 4, 2009, 02:20 PM

Originally Posted by adam_89

If you do show up and have no money then more than likely they will try to set up some kind of paying arrangement to make you pay a minimum monthly.

This issue has been covered hundreds of times on this site. So its absolutely amazing to me that you posted two totally incorrect answers. You've been here long enough that you should know better then respond to questions you don't know the answer to.

ScottGem · May 4, 2009, 02:27 PM

Originally Posted by chopstix

I have a credit card company that says they're going to "proceed legal action and take me to court for indebtness." When the day comes what if I don't show up in court? What happens then? What if I do show up, I don't have any money / assets what happens then??

What happens is the court will enter a default judgement against you. The plaintiff can use that judgement to attach assets, garnish salary etc. If they don't or can't use it immediately the judgement can stay active for up to 20 years. So they will bide their time and when you do have assets, they will swoop in and grab them.

It never makes sense to just lie down and let them win. Many times, the suit is being filed by a creditor that has bought the debt for pennies on the dollar. Often they do not have the documentation to win in court and count on people being too intimidated to show up in court. As I noted there are hundreds of threads here that deal with this issue. You should have responded to the summons with your Intent to Defend and then asked for verification of the debt. If the plaintiff can't produce a signed copy of the contract or other proof that you agreed to open the account, you could win.

Originally Posted by chopstix

Are you sure? I was told that they can't arrest you for debt related issues??

You were told correctly. Debtor's prison hasn't existed since the 19th century.

chopstix · May 4, 2009, 02:53 PM

Thank U ScottGem! This explains, and I'm understanding a lot more now. Im assuming your explaining to me about when the Credit card company sells the acct to the collection agencys... What if it's the Credid Card company sueing you themselves? Does the situation change then? Because the letter I received is from DISCOVER CARD not a collection agency..

ScottGem · May 4, 2009, 02:56 PM

If the plaintiff is the original creditor, then it likely they have the documentation. But just because the letter says Discover, you need to look at who the plaintiff is on the summons.

But I still don't recommned letting them get a default judgement. Even if you lose you may still get them to settle.

Fr_Chuck · May 4, 2009, 07:09 PM

I deleted the very bad and wrong answers as not to allow anyone to be confused