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Court summons for unpaid bill?

Credit Card Debt discussions & tips

Court summons for unpaid bill?

Postby redley » Thu Apr 05, 2012 10:16 am

I just received a summons to appear in court. It's regarding an outstanding credit card bill. Do I have to appear and what will happen if I don't? It says a judgement of decree by default may be taken. What exactly does that mean? Do I have any other options like settling outside of court? I do intend to pay it off it's just that I had emergency surgery and decided to pay those bills first. I want to avoid going to court if possible. Thank you all for any help you can give.
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Court summons for unpaid bill?

Postby bradford » Thu Apr 05, 2012 10:17 am

You've had the option to settle out of court ever since you first stopped paying the bill (or paid too little. I know times get rough, so that's not a judgment on your character, it's a judgment on what you never bothered doing.) The credit card has had enough waiting for you to pay it back. They're taking you to court. You can not show up, but that means you concede you do owe them the full amount and they win. If you show up, you have a slim chance of setting up a payment plan. By this time, I doubt this can be settled out of court, simply because credit card companies have to be royally pissed if they're taking this to a court. (They usually hound first and then send it to a couple of collection agencies before they take this step.)

Personally? If'n I were you, I'd go to court and tell my side of the story. BUT come prepared. Those health problems are over? (And, really? You thought paying health bills was more important than a credit card? Not when it comes to your credit standing.) Get your butt in gear, figure out how much comes in per month and how much goes out, and then come up with a reasonable amount of money you can pay each month to get that credit card bill. (Hint: It has to be more than minimum balance payment.) Oh, and expect to give up that credit card. You obviously can't afford to buy more stuff on it, if you haven't paid what you owe now.

Now, that's the human side of what you're facing. Hopefully others can tell you more of the legal side. I know what to expect, but that's why we made sure the credit company never took us to court. We really did have a slew of health problems that left us disabled, so we declared bankruptcy, before the credit card company got as pissed as they are with you. (Told you, I wasn't judging you on your lack of paying the bill. lol)
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Court summons for unpaid bill?

Postby sun » Thu Apr 05, 2012 10:22 am

Go to court they will still get a Judgment against you but you might be able to get a payment plan then. They will get a Judgment one way or the other and then they can garnish your wages, and attach your bank accounts. The Judgment last for years to come depening on your state and can be renewed. At this point THEY are going to court and so should you be there.

Added do not believe in some BULLSHIP convoluted discussion like the one above. They will be in court and they will win you have had your chance for verification and everything else they WILL win!
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Court summons for unpaid bill?

Postby alo21 » Thu Apr 05, 2012 10:30 am

You can contact the attorney prior to the court date and work out a settlement. If you don't and then don't show up at court, they will win and will be able to garnish your wages. Most will work it out with you beforehand.
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Court summons for unpaid bill?

Postby payne » Thu Apr 05, 2012 10:33 am

Okay, let me start off with the legal aspect. What "A judgement of decree by default may be taken" means is that if you fail to appear in court and answer to the case in question the attorneys for the credit card company can request to the court that they be allowed to garnish your wages, freeze and/or take your assets such as the funds in your Checking account. If you fail to appear the Judge will grant their motion by default since you failed to appear.

My recommendation is that you do what some of the other posters have said. Look at your current financial position and come up with a total that you can pay towards this bill. You don't mention the amount you are being sued for...If it's thousands upon thousands of dollars they will want to get everything they can from you. If this is the case you should see if you can get a loan from family or some way to come up with a few thousand and offer to settle for less. If you are unable to ask the court that given your financial ability to pay that they set up a payment plan, a delay in the case (Which you can always contact a Bankruptcy attorney, etc). I advise you to always get everything in writing before you agree to hand over any money. If by some chance you are able to settle out of court with the company/debt collectors, etc NEVER use your personal banking information to pay them. They can always try to take out more than what was agreed upon. So I advise you to pay in money order and keep the stubs, etc.

Here is a tip. If you lost your employment, unable to work, or have a serious medical condition I would present that to the court that you accept the fact that the debt is yours and that you never expected to not be able to pay. Explain your hardship and that you would like to resolve this case but within reason. Good Luck!

PS: I would contact an attorney(most offer a free consultation) to make sure you get all the legal advice available to you.
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Court summons for unpaid bill?

Postby annawon18 » Thu Apr 05, 2012 10:42 am

Ask for a verification of debt, signed in wet ink,and under full commercial liability, and then you will pay....Your problem is you claim the name (in all capitol letters) on the bill is's not it's called your person (see youtube freeman straw man explained) might benefit from downloading "Cracking The Code"...tells about the Bankers and how they work......Yes by all means go...if they can't produce the wet ink verification of debt before court you may have a way out....they loaned you nothing of value, only credit , to be paid in Fiat (promise to pay) money (dollars) ...any way learn as much as you can quick...welcome to the awaking
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