QUESTION

What do I do about a court summons for credit card debt?

Asked on May 09th, 2012 on Bankruptcy - Texas
More details to this question:
I have received an "Alias Summons" to file a written appearance for a complaint or lawsuit against me for credit card debt by Capital One. It says if I fail to do so, a judgement by default may be taken against me for the relief asked in the complaint. I have heard that in some areas of Illinois, the courts are arresting and jailing people for contempt for ignoring a summons for debt collection. My question is, in my area, can they do this to me? I live in Chicago, Cook County. Also, I have no job, no assets, I don't even have a checking account. In other words, I have nothing. I can't even afford the filing fee for the written appearance. So would they still take a judgement by default against me, and would that also lead to arrest and jailing? What can I do? Thank you.
Report Abuse

7 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
Why does this say the state is Arizona if the writer is in Illinois? I was relying on your designation that the writers were Arizona citizens.
Answered on Jul 01st, 2013 at 10:26 PM

Report Abuse
If you are sued in a civil court for a debt you need to file an answer or else a default judgment will occur. You are not arrested or jailed for failure to file an answer or appear in lieu of an answer. Once there is a judgment, however, the judge may order you to appear for an examination of your assets. That type of court order can result in a warrant for your arrest in you fail to appear. Consult a local attorney for advice in this matter. This is applicable to California law. Illinois law may differ.
Answered on May 18th, 2012 at 11:58 AM

Report Abuse
Criminal Defense Attorney serving Mandeville, LA at Ross Scaccia, Attorney at Law
Update Your Profile
Take the # of the case and the title and file a written answer or in your case, do nothing a judgment will be granted against you. I can't believe the credit card companies have such an influence, but then again, they lobby and they have money, most of which is garnered from outrageous interest rates, and tricky advertisements that trap many people.
Answered on May 17th, 2012 at 1:26 PM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
You can file bankruptcy prior to the hearing by hiring a bankruptcy lawyer. But you have no money to do that. The best thing to do is to file a response denying the debt, or the amount. People are not jailed for failing to pay consumer debts, they may be jailed for refusing to follow court orders.
Answered on May 16th, 2012 at 1:03 PM

Report Abuse
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA at Bereliani Law Firm, PC
Update Your Profile
Please consult an attorney located in Chicago as they are best aware of the rules/charges in Chicago. You can file bankruptcy to stop lawsuits but I would recommend doing so before the 30 days period if not then they can get a judgment which can lead to garnishment/levy/judicial lien on your property.
Answered on May 16th, 2012 at 12:51 PM

Report Abuse
Bankruptcy & Debt Attorney serving Syracuse, NY at Theodore Lyons Araujo
Update Your Profile
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must "appear" by way of an Answer in 10, 20 or 30 days, "depending on the method of service." PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather than do nothing and have a judgment entered against you, is to "appear" by filing something! Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer. I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you. Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3. Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is... When you file the Answer that is your "not guilty". You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away! Good Luck!
Answered on May 16th, 2012 at 12:47 PM

Report Abuse
If you have creditors that you are unable to pay and they are now suing you, I would consider filing for bankruptcy protection if there is no other way of dealing with your creditors.
Answered on May 16th, 2012 at 12:36 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters