QUESTION

Will I get arrested for failure to show in court for a debt?

Asked on Apr 12th, 2011 on Bankruptcy - California
More details to this question:
I got sued by a credit card company for debt I owed to them. Will I get arrested for not showing up in court? What if I file bankruptcy? Will that help?
Report Abuse

6 ANSWERS

In most states, failure to appear can result in a contempt finding and subject to arrest to appear and answer for said contempt. Filing for bankruptcy will stay any related proceedings.
Answered on Apr 18th, 2011 at 11:57 AM

Report Abuse
If there is an Order of Examination (sometimes called an OEX) failure to appear can cause a bench warrant for arrest. Bankuptcy will not solve the problem of showing up for an OEX.
Answered on Apr 15th, 2011 at 11:46 AM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
No, you won't get arrested (unless you were ordered by the judge to be there, in which case you would be jailed for contempt of court). If you don't defend yourself in a civil action, the likely result is a default judgment against you. Yes, bankruptcy can generally discharge judgments, but I wouldn't simply ignore a pending case against you. If you are looking for an attorney and are in my area, please contact me for a free consultation.
Answered on Apr 15th, 2011 at 10:41 AM

Report Abuse
Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
Update Your Profile
There is no debtors' jail in California. Las Vegas, I hear, has one for Casino patrons who skip out on the bill (like Charles Barkley). If you file for bankruptcy relief, the lawsuit by the credit card will be frozen for a while and ultimately dismissed once you give notice of your bankruptcy filing and get your bankruptcy discharge.
Answered on Apr 15th, 2011 at 10:32 AM

Report Abuse
Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
Update Your Profile
Debt collection lawsuits are civil in nature. Therefore, failing to show up for a hearing may result in a money judgment against you. You can file bankruptcy in order to prevent the suit from progressing any further. The automatic stay nullifies any subsequent actions in state court to collect on most obligations arising prior to the filing date of the bankruptcy petition.
Answered on Apr 14th, 2011 at 3:44 PM

Report Abuse
Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
Update Your Profile
The only time you can be arrested for not showing up in court is when the judge has ordered you to appear personally. Usually that happens when the creditor has a judgment against you and has requested that the court issue an order of examination. You are then are ordered to appear in court personally to answer questions about your income and assets. If fail to show up then the judge issues a civil bench warrant for your arrest and the police either comes to your house to get you or whenever they stop you for any other reason and find you are wanted then you will be taken into custody and delivered to the courtroom of the judge that issued the civil bench warrant (unless the judge allows you to post bail if arrested). Otherwise, if you fail to show up the judge simply rules against you and gives the creditor whatever the creditor has requested, including costs, interest, attorneys' fees, punitive damages, etc. It is assumed that if you do not go to court then you are not contesting whatever the creditor has requested. This is called a judgment by default.
Answered on Apr 14th, 2011 at 11:32 AM

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