QUESTION
One of the debt collection companies has now told me (via letter) that I have a civil hearing should I go?
Asked on Mar 03rd, 2013 on Bankruptcy - California
More details to this question:
I am on disability - it is my only income currently. I have a lot of debt however am unable to do anything regarding payments at this time. I am unemployed. One of the debt collection companies has now told me (via letter) that I have a civil hearing. Should I go? I have no assets whatsoever.
6 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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You need to determine if there is a hearing scheduled. If you do not appear it is possible that the court enters a bench warrant. Talk to someone at a volunteer lawyers program.
Answered on Mar 05th, 2013 at 2:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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You cannot ignore a court summons.
Answered on Mar 05th, 2013 at 2:28 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
at
Angelo "Tony" Marino, Jr., P.A.
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No one should avoid seeking legal advise on credit card or collection cases. Most of the time these are bogus claims made by bottom feeder collection companies who cannot prove their case. See a lawyer. Deny the claim unless you are 100% sure all the debt and interest is correct, etc.
Answered on Mar 05th, 2013 at 2:28 PM
I would check the Court's web site and see if you are even sued.
Answered on Mar 05th, 2013 at 2:27 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
Generally, if you can avoid having a judgment entered against you, you should do so, even if you believe you have no assets from which it can be collected. This is because you can be compelled to appear and answer questions about your assets, which may be a hardship. In addition, you may get money in the future. If you are sued by a debt buyer, as opposed to an original creditor, they often are not able to prove anything, including ownership of the debt. The fact that you may have incurred a debt with, e.g., a credit card company does not mean that you owe a claimed purchaser of the debt the amount it is claiming.
Answered on Mar 05th, 2013 at 2:27 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
at
Love and Dillenbeck Law
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This doesn't sound right. To be sued, you need to be properly served. A letter from the creditor is not sufficient. You need to call an attorney or a Legal Service organization in your state that represents those who can't afford attorneys.
Answered on Mar 05th, 2013 at 2:27 PM