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What will happen if I ignore the summons?
If a court summons is ignored, the plaintiff will almost certainly ask the court to award a judgment against debtor and a default judgment usually awards the plaintiff everything that it asked for in the complaint, plus interest and court costs.
BUT in the case of repayment is in an Equated Monthly Installment (i.e., $1000 in 12 monthly installment @ $100/- per month) and during the mid- of repayments, if a summons sent by the lender?
5 Answers
- Anonymous1 decade agoFavorite Answer
Summons are issued by the court not by the lender. If court summons are rejected then court treat it as if served. If you ignore and do not attend the court then Non Bailable warrant will be served against you. If you are correct legally then why dont you take the summons and attend before court and explain your version?Appoint a good lawyer.
- 1 decade ago
I saw your question in another blog of your country. There is NO provision in any constitution or Law to avoid personal attendance as it is considered under Criminal Case so in India, and in India, any damn Shylock can ask the Magistrate to issue a Summons against a complaint, even if vague or false, based on evidence, to anyone. However, Magistrates in India, from my long legal and Law experience in various High Courts of India, are very much clean, gentle and honest and straight forward. So there is an option for you after attending the first summons, to apply to the Magistrate (see Section 205, 273, 313, or so - forgot due to my age) to grant permission to appoint an attorney or Lawyer for personal presence - Even Lawyers do not know this provision, but they manage such cases on personal approach.
The best way is to consult over telephone with a Lawyer at the nearest location of the Magistrate. Your case seems to be a Lender-related whose condition is Jurisdictional Location, which you had agreed while taking the loan.
- ?Lv 61 decade ago
I think that would depend on the laws in your state.
An acquaintance defaulted on 40+ credit cards here in Texas back in the 1980's (it's a long story) and he considered bankruptcy. But he couldn't afford to pay the lawyer, so he just ignored all the calls to appear in court when his creditors sued for repayment.
I don't know if the laws have changed since then, but at the time, if a creditor sued for payment and the judge ruled in their favor, then the creditor could enter your home and search for and remove the items that you had purchased -- in his case, stuff he had charged on his cards.
Not too many creditors bothered to sue. Usually they'd just send nasty letters or ugly phone calls, but he found a way around that hassle. Only 4 companies actually sued in court, and most of the stuff he bought on those cards was underwear and household stuff that they couldn't really sell again, and a couple of plane tickets. He did return a nice set of silverware, though.
Out of the $40k that he defaulted on, all he returned was the silverware. His credit rating was terrible for the next 7 years, but that wasn't a problem because even while he was being sued for non-payment, he was getting more credit card applications in the mail saying, "Because of your excellent credit record, please sign for another credit card . . . "
How did that happen? Simple. He had 4 cards associated with his company's credit union, so he kept those account current. When he applied for a new car loan, they allowed for a 100% loan for his car. Crazy, but that's what it is.
It took a few years for the collectors to stop calling, but they finally did. During that time he learned a few tricks for dealing with collectors (which I won't go into here) and how to avoid jail for contempt of court or fraud, but he eventually got some counseling for himself and finally learned how to deal with his depression in other ways than charging stuff he couldn't afford.
Anyway, this is just to say that the rules in various states will differ, and you'll have to find out what they are in your state, and how they apply.
Ordinarily my sympathy would be with the lender, but when they beg unbalanced people to take their money, well, that's just being irresponsible.
Hope this helps,
- Anonymous1 decade ago
If I ignore the summons then also it will understood service is done, because summons once issued by the court to the right addressee .If addressee is ignoring it or not accepting that time also the court will accept the summon is serviced and the next proceedings will take place.
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- Anonymous1 decade ago
Your case will be decided exparte'.
You also may be booked for the contempt of court.