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I've read online that if you don't show up the plaintiff just wins and you get a judgement put on you. The credit examination is the one if you don't show up for you'll get a warrant out for you. But if the collectors ask for one, can I let them and the court know that I would attend but am incapable of covering the travelling expenses to attend? Maybe they can do one locally and send it to them? Or would the court just say tough luck you either show up or get arrested?
In any civil court case where defendant does not respond plaintiff may petition court for a default judgment. You can easily find out if this has happened by going to court where case was filed and looking up the disposition, and or researching if a final judgment was awarded.
This being said as noted below sometimes doing nothing is better than something in cases of consumer debt.
By law judgments, liens and other negative credit information must be removed from credit reports after a period of time (it varies by state law for liens/judgments). Also after a period of time in most states a judgment that is not acted upon will lapse. However it can be renewed and or reactivated if certain activity takes place. https://www.nolo.com/legal-encyclope...gainst-me.html
If you have no assets, employment or anything else that can be sized via a judgment it simply loses value over time. By time debt was charged off/sold to collection agency it was already reduced in value. As years go by and or subsequent collection agencies bid on "stale" debt values have already been reduced to pennies on the dollar.
What collection agencies count upon are actions by the desperate, afraid, and or uninformed that allow themselves to be held accountable for debt that otherwise they wouldn't. As noted above this can take form of reactivating/starting clock on stale/old debt that otherwise would have fallen off credit report and so forth.
Your long winded and scattered OP shows you fit into the "desperate, scared, and uninformed" category and thus ripe for picking by this collection action. Seek out competent credit legal counsel, and or do some real research into the matter. Otherwise as the saying goes; just when you think you're out, they will pull you back in.
Courts generally prefer to try cases on their merits and not award default judgments. Thus it *may* be possible to reopen said credit action against yourself by filing an "order to show cause". If granted this action would have affect of voiding or at least setting aside judgment until case can be heard before a judge/court.
Taking such action without competent legal advice and or in your current state is not advised. For one it will reset the clock if you will, and as you simply aren't in any position financially, mentally or whatever to attack the situation there really isn't any point. You owe the money but don't have means to pay.
Only possible saving grace to such actions is to force creditors to accept a settlement on terms favorable to yourself. Something that should have been done at the time when notified of legal action.
Going to court/seeking to void judgment at this stage would signal to lien holder maybe you do have something they can get at, and thus harden their attitude towards collection.
Courts generally prefer to try cases on their merits and not award default judgments. Thus it *may* be possible to reopen said credit action against yourself by filing an "order to show cause". If granted this action would have affect of voiding or at least setting aside judgment until case can be heard before a judge/court.
Taking such action without competent legal advice and or in your current state is not advised. For one it will reset the clock if you will, and as you simply aren't in any position financially, mentally or whatever to attack the situation there really isn't any point. You owe the money but don't have means to pay.
Only possible saving grace to such actions is to force creditors to accept a settlement on terms favorable to yourself. Something that should have been done at the time when notified of legal action.
Going to court/seeking to void judgment at this stage would signal to lien holder maybe you do have something they can get at, and thus harden their attitude towards collection.
I cannot do anything if I am not physically there right? And I cannot afford to physically get there or stay there. I probably will not be able to acquire legal counsel either as they will see I have no definite way to pay them.
I'm wondering if my best course of action is to just call up the collector, explain to them there was a communication error, my situation that I have no way to pay them and a judgement won't change that, but I might if I'm able to win SSI disability. Maybe they'd be willing to drop the lawsuit if they knew that route has a better chance of them getting paid. Or would it encourage them to go for the judgement more?
"You cannot go to jail if you do not pay the judgment creditor. However, you can go to jail if you fail to appear for a debtor's exam. If you do not show up, the court may find you in civil contempt for disobeying its order. If you ignore the court's summons, it may also issue a warrant for your arrest. If you are found in contempt, the court may issue sanctions against you, which can include fines and jail time."
I cannot do anything if I am not physically there right? And I cannot afford to physically get there or stay there.
I probably will not be able to acquire legal counsel either as they will see I have no definite way to pay them.
I'm wondering if my best course of action is to just call up the collector, explain to them there was a communication error, my situation that I have no way to pay them and a judgement won't change that, but I might if I'm able to win SSI disability. Maybe they'd be willing to drop the lawsuit if they knew that route has a better chance of them getting paid. Or would it encourage them to go for the judgement more?
No, either you or a legal representative must appear before the court for any actions. Looking up judgments/liens *may* be possible from out of state. You'll have to contact court of jurisdiction to find out how to go about obtaining disposition of cases.
For love of God please don't contact collection agency, at least not at the moment. Again going by your posts you simply aren't mentally prepared to deal and likely will only dig yourself into a deeper hole. These people are *NOT* there to help you, but make money. Anything you say/information provided can be taken down and or otherwise used in aide of collecting debts.
These letters were sent last year? It is highly likely a default judgment was already entered. But again you need to contact the court of notice (who ever sent the summons) to get the disposition of case. Sometimes if you call the clerk's office (again see summons for information), they will tell you over the telephone, but then again maybe not. After all they have no way of knowing who you are and this is a personal legal matter.
Every federal and local civil and legal case is contained in LN databases. Someone with access can easily look up your name to see find the case against you and its disposition.
*If* a judgment was filed against you at this point (again) there is little to be gained by stirring the pot. Calling up collectors and giving a tearful and disjointed account as to why you didn't pay isn't going to sway them one way or another. They've heard everything before and the most heartless quite frankly don't give a rat's behind. They are there to get their money having purchased stale debt.
Only person or thing that cares at this point as to reasons why you failed to answer summons would be the court. Plaintiff already (likely) has a default judgment and or can obtain one via your failure to appear.
If collection agency had only merely threatened to file civil charges in court, then you may have had some leeway. However once legal proceedings are commenced the case must be disposed of in only three ways; it is dismissed (by court), withdrawn (by plaintiff), or a disposed of via decision (trial or default).
Not to be long winded but facts are simple. Had you appeared in court a judge merely would ask if you own the money in question. If response is yes, then all the extraneous reasons why then mostly are moot. Court can request plaintiff accept less and or work out something, but they in turn can stick to their guns. If you could prove any sort of fraud or other bad behavior by creditor or give the court something to work with they might be able to get a plaintiff to back down and accept substantially less.
Usually however once things move into court before going before judge a settlement is reached. You own $7k, so maybe creditors will take $4k or less. Work out an installment agreement, etc....
Only other way out of this mess would be bankruptcy, something I'd suggest you look long and hard at before even considering going down that path.
In summation as others have said, you have nothing. So at the moment any judgment is of little consequence. Damage to your credit has been done, and unless you come into any sort of money or assets (that can be taken) that lien is just a piece of paper.
No, either you or a legal representative must appear before the court for any actions. Looking up judgments/liens *may* be possible from out of state. You'll have to contact court of jurisdiction to find out how to go about obtaining disposition of cases.
For love of God please don't contact collection agency, at least not at the moment. Again going by your posts you simply aren't mentally prepared to deal and likely will only dig yourself into a deeper hole. These people are *NOT* there to help you, but make money. Anything you say/information provided can be taken down and or otherwise used in aide of collecting debts.
I understand that, but many people in this thread have said I need to show up for court. If I'm not able to do that, what is my best option? I don't understand your first paragraph, are you saying it may be possible to handle this case in court out of state?
The Judge can cite you for contempt. THAT can get you in jail.
Show up no matter what else you imagine.
Well yes in theory the court *could* do that; and maybe some of the deep southern states where people are being routinely thrown into jail for not paying debts it *might* happen. Otherwise no, it rarely does.
Civil courts process scores if not hundreds of debt collection petitions on a monthly basis. For various reasons a good number of defendants do not answer summonses. In which case likely disposition is merely a default judgment that allows plaintiff to obtain a lien.
No, either you or a legal representative must appear before the court for any actions. Looking up judgments/liens *may* be possible from out of state. You'll have to contact court of jurisdiction to find out how to go about obtaining disposition of cases.
For love of God please don't contact collection agency, at least not at the moment. Again going by your posts you simply aren't mentally prepared to deal and likely will only dig yourself into a deeper hole. These people are *NOT* there to help you, but make money. Anything you say/information provided can be taken down and or otherwise used in aide of collecting debts.
NOTE: BBM above addressing below \/ \/
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Originally Posted by lostandpanicking
I understand that, but many people in this thread have said I need to show up for court. If I'm not able to do that, what is my best option? I don't understand your first paragraph, are you saying it may be possible to handle this case in court out of state?
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