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do i have to go to court for a warrant in debt

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sophbullo



Joined: 25 Apr 2009
sophbullo's page
Posts: 1



57 Magic Points

Subject: do i have to go to court for a warrant in debt
 
Posted on Sat Apr 25, 2009 6:25 am  

Put your question here ...do i have to go to court for a warrant in debt.
Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17426 Magic Points

 
Posted on Tue Apr 28, 2009 9:45 am  

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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fireyone



Joined: 26 Feb 2008
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Posts: 4246



123 Magic Points

 
Posted on Thu Apr 30, 2009 10:42 am  

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.
cdloanmod



Joined: 26 Jan 2009
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Posts: 23
Location: Laguna Hills,CA


792 Magic Points

Subject: Loan Help
 
Posted on Wed May 06, 2009 7:50 am  

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
rachael
Guest






Subject: warrant in debt
 
Posted on Thu May 07, 2009 6:39 am  

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.
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30060 Magic Points

 
Posted on Thu May 07, 2009 9:55 am  

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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Sass1
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Subject: Response
 
Posted on Sat Sep 19, 2009 12:21 pm  

What do you include in the response to the warrant of debt
Ren'a
Guest






Subject: warrant in debt
 
Posted on Sat Dec 12, 2009 12:38 am  

If i pay off the the debt before court date, must i pay the interest and all the court cost included included with it?
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



498 Magic Points

 
Posted on Sat Dec 12, 2009 1:05 am  

That will be up to the person who is suing you, if you have the money you may be able to settle out with them before you go to court, since they are the ones suing you they have control at anytime to pull the lawsuit and drop it.

Do you legitamately owe the debt? Is it the original creditor suing you? or is it a collection agency. Is the debt with in the statute of limitations? You really should check this out before you contact them. If you leave the state you are from someone will look up the statute of limitations for you and leave the information here for you.

hope to hear from you soon.
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



123 Magic Points

 
Posted on Sun Dec 13, 2009 1:48 am  

Good natured has asked somereally good questions. I woulddefinaltely not ignore what is going on but I would want debt validation. Also if this debt is past the SOL then you will still have to go to court but would win on the fact that it is past SOL. Pull your credit report and look and see whn they list the debt as thirty days late. From there try to figure out how much time has passed. Now check that time with your states SOL date.Some statesare as low as three years and others can be up to ten. If you can not find the SOL for your state let us know what state you are in and we will find it.
helpless in c'ville
Guest






Subject: warrant in debt
 
Posted on Thu Jan 21, 2010 11:47 pm  

signed a personal guaranty in 2004 while married to start up a new co to get credit. divorced yrs later. he was awarded the co & i was awarded the house. in may/june 2009 he accumulated debt @ a supply house. my attorney missed having me sign a revocation of personal guaranty & now the supply house is holding both of us responsible for HIS $5000 debt. i supplied the supply house & their atty all the legal documentation i have along w/his assets to put a lien against him. i rec'd a warranty of debt to appear in court. what will happen if i do not appear in court which is 3 hrs away & i will lose a days wages.
confused one
Guest






Subject: warrant in Debt
 
Posted on Tue Apr 27, 2010 8:26 pm  

I received a warrant in debt from a credit card company. As many of the people of our great country, I do not have the money to pay this. I own 1/3 of a home with my parents. My father is dying of cancer at home as we speak, I have been on social security disability since 2005, my husband (who is not on the house nor the credit card) is unemployed and unemployment is about to run out. Since I own 1/3 of the house can it be in jeopardy? If so, is there anything I can do to avoid this from happening?
Virginia Bankruptcy Lawye
Guest






Subject: What to do when you get a warrant in debt
 
Posted on Fri Apr 30, 2010 2:54 pm  

If you just ignore it, they will get a judgement against you. Besides being able to garnish you, they can attach the judgment to the house you own with your parents. You really don't want that.

Depending on how much equity is in the house now, you MAY be able to file bankruptcy before that court date to stop them and protect both your paycheck and your house. You need to talk to a bankruptcy lawyer, quickly.
Eileen
Guest






Subject: Warrant in Debt from past due condo fee
 
Posted on Sat May 15, 2010 1:26 am  

I received a warrant in debt from past due HOA fees, but 2 days before have paid in full the past dues and current dues. How do I settle this out of court or nullify the warrant?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: warrant in debt
 
Posted on Mon May 17, 2010 11:49 am  

Hi Eileen,

Can you tell whether or not you have written proof of the payments? If you have, you can use that to dismiss this warrant. You can consult a lawyer regarding this.

Thanks,

Aaron
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