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Has anyone had to go to court because they were sued for not paying their credit card debt?
If so, what happens? Gotta go to court tomorrow and wonder if I am going to have to go to jail. Help.. Please send me advice now...
3 Answers
- CatDadLv 71 decade ago
You can never go to jail over defaulting over debts in the USA.
On the court date, DO NOT be a no-show under any circumstances whatsoever. People often make the HUGE mistake of not showing up because they think they’d loose anyway or because they can’t afford an attorney. Not showing up is the worst thing you can possibly do. Even if you are frightened....or you're sick with a 102 degree fever...or if you think that you'd loose, show up anyway! If you don't, the other side will get a default judgement and they will get this on THEIR terms. They will tack on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt. Even worse, the court could authorize maximum wage garnishment if you don’t show up to make your case to the judge, which can be as high as 25% of your wages.
IMPORTANT: bring complete documentation of your income and living expenses: Pay stubs and copies of bills. Even if you loose, you can use this to negotiate much more favorable repayment terms. Request the following info from the other side on the court date:
- a copy of the original application with your signature
- a fully itemized statement for the amount they are asking which clearly details how this amount was calculated, including the interest rate being charged
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Let's review: If you want the other side to win a default judgement for up to 3 times the actual amount of debt and face the highest possible wage garnishment....then be sure to sleep in tomorrow and spend all day watching cable TV.
- Dan BLv 71 decade ago
Everyone who is sued must appear in court. If you don't, you lose by default and the plaintiff wins hands down.
No, you will not have to go to jail UNLESS the plaintiff can prove you did what you did by criminal intent. Then it would be turned over to the prosecutor's office.
Talk all the info you have on the suit. You will have to defend yourself because you apparently don't have a lawyer at this time.
- StephenWeinsteinLv 71 decade ago
You do not have to go to jail (unless you are arrested for punching the judge or something like that). Judges do not send you to jail for failure to pay a credit card company.