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The only solid advice here is for you to get a lawyer to keep this judgment from going into default with a bench warrant then being issued to arrest your partner.
Not getting a lawyer now is one of the worst things you could do. There are lawyers that work "pro bono" to help the poor and cash strapped so look for one. It's better than jail...............
Do NOT let this post scare or intimidate you....
Her boyfriend/fiance' can NOT be arrested as there is no such thing as debtors jail.
Keep very good notes, don't let these people intimidate you and if you were not served properly you can have the judgment thrown out.
Wrong. Civil or not if the creditor wants to press for it the court can issue a bench warrant for contempt of court.
The creditor can push for it all they want, but it's NOT going to happen.
Quote:
Originally Posted by pghquest
Not necessarily, some credit cards are now having their users sign a confession of judgment in the small print, meaning they dont need to notify a creditor that they intend to sue. If the credit card agreement does not include this confession of judgment you are correct, one can go back and have the judgment thrown out but its an uphill battle.
That's the first I've heard of that. Even if that's true (guess you can't put anything past the credit card companies) it would NEVER stand up in court.
Location: 23.7 million to 162 million miles North of Venus
23,723 posts, read 12,594,423 times
Reputation: 10525
Quote:
Originally Posted by Bosco55David
What the hell are you talking about? This is a civil judgment. Her fiance isn't going to be arrested over this. Geez.
Sunshine, what you need to do is try to get the judgment thrown out. If you were served after the case had already happened it should be very easy to do.
Whatstatedoyoulivein?
Who was sued? You, your fiance, or both?
Good comments and questions.
OP, along with the questions Bosco asked, how long has it been since your fiance learned of the judgment?
Your fiance only has a short time, generally a year, to try to vacate the judgment for improper service, if service was improper. Your fiance needs to go to the court clerk where the judgment happened and get a copy of the recorded judgment. He needs to look over the service papers to find out how they claimed to serve him. He also needs to look up his states Rules of Civil Procedure (RCP) to learn what constitutes proper service in his state.
Quote:
Originally Posted by Tightwad
Wrong. Civil or not if the creditor wants to press for it the court can issue a bench warrant for contempt of court.
See my comments in blue.
On what grounds? Fraud? Failing to show up for an asset hearing? Those are the only things that can possibly lead to a bench warrant and I strongly doubt a default on the account that had been paid on would fall under fraud and the OP never mentioned thecourt ordering an asset hearing.
As for someones comment .. "they can have their assets put up for sheriff sale to help pay the judgment"
That would depend on what the judgment debtor owns and the exemption statutes in their state. Just by what the OP posted it's likely that the fiance falls well within the exemption statutes and asset seizure and sale will probably not happen, though a bank account is up for grabs and, depending on the state, wage garnishment might happen.
OP, along with the questions Bosco asked, how long has it been since your fiance learned of the judgment?
Your fiance only has a short time, generally a year, to try to vacate the judgment for improper service, if service was improper. Your fiance needs to go to the court clerk where the judgment happened and get a copy of the recorded judgment. He needs to look over the service papers to find out how they claimed to serve him. He also needs to look up his states Rules of Civil Procedure (RCP) to learn what constitutes proper service in his state.
On what grounds? Fraud? Failing to show up for an asset hearing? Those are the only things that can possibly lead to a bench warrant and I strongly doubt a default on the account that had been paid on would fall under fraud and the OP never mentioned thecourt ordering an asset hearing.
As for someones comment .. "they can have their assets put up for sheriff sale to help pay the judgment"
That would depend on what the judgment debtor owns and the exemption statutes in their state. Just by what the OP posted it's likely that the fiance falls well within the exemption statutes and asset seizure and sale will probably not happen, though a bank account is up for grabs and, depending on the state, wage garnishment might happen.
I know I'm not a lawyer and I doubt that you are so I based my advice on what I have witnessed with my neighbor next door. He thought that all he had to do was ignore the judgement right up to the day the sheriff came to arrest him for contempt.
Location: 23.7 million to 162 million miles North of Venus
23,723 posts, read 12,594,423 times
Reputation: 10525
Quote:
Originally Posted by Tightwad
I know I'm not a lawyer and I doubt that you are so I based my advice on what I have witnessed with my neighbor next door. He thought that all he had to do was ignore the judgement right up to the day the sheriff came to arrest him for contempt.
You say that you saw your neighbor being arrested for contempt but you didn't include why he was in contempt. There has to be grounds for contempt, so, what were the grounds for the contempt order? Did you read the arrest order?
If he ignored the judgment than he probably ignored the court ordered asset hearing too, which could lead to an arrest.
You say that you saw your neighbor being arrested for contempt but you didn't include why he was in contempt. There has to be grounds for contempt, so, what were the grounds for the contempt order? Did you read the arrest order?
If he ignored the judgment than he probably ignored the court ordered asset hearing too, which could lead to an arrest.
I'm glad that you do agree that there are circumstances that will lead to arrest. Where did you get your law degree?
I will now not comment on this topic further since I have no desire to harm the OP since they already have a bunch of trouble to deal with as it is. If you want to disagree with me further take it off the boards to a PM and we can debate to no end.
That's the first I've heard of that. Even if that's true (guess you can't put anything past the credit card companies) it would NEVER stand up in court.
Quote:
Originally Posted by mommytrish
There are very few states that would allow the confession of judgment...and none I know of that uphold it.
I know I'm not a lawyer and I doubt that you are so I based my advice on what I have witnessed with my neighbor next door. He thought that all he had to do was ignore the judgement right up to the day the sheriff came to arrest him for contempt.
Quote:
Originally Posted by berdee
You say that you saw your neighbor being arrested for contempt but you didn't include why he was in contempt. There has to be grounds for contempt, so, what were the grounds for the contempt order? Did you read the arrest order?
Hopefully this link is correct WikiAnswers - Can you be arrested for credit card debt You cannot actually be arrested for Credit Card debt. Being in debt and owing money in general is a civil issue, not a criminal issue. Technically you did not steal the money, you and the credit card company have an agreement that you will borrow the money and pay it back when you can. If you dont pay it back, the credit card companies can sue you, and since the state usually upholds contracts, courts and subpoena you to appear in court. If you dont appear in court when requested, thats when they can put an arrest warrant out for you. But you would be arrested for failure to appear in court, not credit card debt.
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Good comments and questions.
