not appearing to a summon in court

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baffled and confused
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Subject: not appearing to a summon in court

Sat Nov 07, 2009 11:26 pm

Hi! I recently received a summon to appear in court because Capital One filed a case against me. MY husband and i went through a lot of financial hardship the past several months. We even almost had our house foreclosed. Good thing we were eligible for the making home affordable program of the government and so we were able to keep our home. We are both currently unemployed and is living on unemployment. I was not able to appear in court because I was so sick with really bad flu. I have not gone to the doctor because I don't currently have insurance. I was running a high fever and was having chills. The summon indicated that if I don't appear in court, a default judgment will be made against me. What should I do? I am planning to file for bankruptcy. If I file for bankruptcy, will it save me from the default judgment against me? Please advise me.

Thanks!

debranewell2008

Joined: 10 Oct 2009
debranewell2008's page
Posts: 605

89 Magic Points

Sun Nov 08, 2009 1:52 am

I believe I would call and let the court know you reason for not showing. But most likely since you didn't show up the collection agency won the case. So they will be tiring to get their money so you need to let your bank know that the money being deposited into your account is from unemployment only. So if they try to garish your bank account the bank can stop it. And yes if they got a judgment against you they can sue you for their money. And filing bankruptcy will stop the judgment but make that your last choice because it will affect your credit for 10 years.

Jenny
Guest

Mon Nov 09, 2009 12:36 am

If you file bankruptcy and you file against that debt your safe theres nothing they can do.Good luck to you.

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 4500

8812 Magic Points

Mon Nov 09, 2009 1:42 am

If there is a judgement I would at leat go to the courthouse with in the thirty days after it was filed and try to get it vacated. Since you will be filing bankruptcy you will need an atty. If you have one now call him and ask him this question. I believe the bankruptcy will relieve you of the debt but I am not 100% sure so you may want ot look into it a little further. God Bless you and Good luck. I understand how hard these times are.

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