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sophbullo
Joined: 25 Apr 2009
sophbullo's page
Posts: 1
25 Magic Points
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Subject: do i have to go to court for a warrant in debt
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Sat Apr 25, 2009 6:25 am
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| Put your question here ...do i have to go to court for a warrant in debt. |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Tue Apr 28, 2009 9:45 am
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Hi Sophbullo
Warrant in debt is a summon to appear before the court and is issued when a creditor files a legal suit to recover a debt. In order to file a response to the summon, you need to visit the court from where you have received the summon and file a response with the clerk's office. Most states allows 30 days to file the response. If you fail to do so, the creditor can bring a default judgment against you.
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Where there's a will, there's a way !! |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Thu Apr 30, 2009 10:42 am
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| sophbullo, you really do need to file a response to the summons or you will automatically lose. If you do not show up the creditor will get a default verdict and you will be ordered to pay back the debt. It is much better to appear in court to plead your case. Remeber in some states your banking accounts and wages can be attach to repay the debt. If you would like mroe help please give uis a little more information on the age of the debt and if the original creditor still holds the debt or a collection agency. |
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cdloanmod
Joined: 26 Jan 2009
cdloanmod's page
Posts: 24
Location: Laguna Hills,CA
790 Magic Points
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Subject: Loan Help
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Wed May 06, 2009 7:50 am
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Hi,
Once the court confirms the default, it will determine the total amount of
the debt, including interest, attorney’s fees, and other related costs.
It will also give the borrower a reasonable time frame for settling this
debt and curing the default. If the borrower fails to make the payment,
the court may require that the property is sold as a form of payment.
Loan Modification |
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rachael
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Subject: warrant in debt
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Thu May 07, 2009 6:39 am
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Hi Sophbullo,
A warrant in debt is a summon to a defendant to appear in court because he is being sued for a debt. The ideal situation to avoid going to court, is to PAY THE DEBT off about a week before the court date---then you won't get a judgment on your credit report, as well. Out of court settlement is helpful, because judgment stays in your report for 10 years. So you can insist your creditor or the collection agency to accept a payment plan.
However, if the case ultimately goes to court, you should ask your lawyer to show that you tried to pay the debt but they did not accept it. So you might have some benefits. |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Thu May 07, 2009 9:55 am
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As far as I know, the creditor can never sell your property to recover the judgment money. However, they can put a lien on the property so that if you sell the property, you may have to pay back the judgment amount to the creditor.
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Carol |
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Sass1
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Subject: Response
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Sat Sep 19, 2009 12:21 pm
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| What do you include in the response to the warrant of debt |
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